White House invokes executive privilege (again), denies Congress EPA docs

California petitioned the Environmental Protection Agency for waiver to regulate greenhouse gas emissions more forcefully than the federal government. EPA policy experts agreed that the state qualified for the waivers, but in the 11th hour, EPA Administrator Stephen Johnson, one of the Bush administration’s more humiliating hacks, intervened and denied the California’s request.

Dems on the House Oversight and Government Reform Committee have tried for months to learn about whether (and to what extent) the White House was involved with Johnson’s decision to ignore the advice of his staff. And for months, Johnson has stonewalled, delayed, and done everything possible to avoid cooperating with congressional oversight.

This morning, Rep. Henry Waxman was prepared to take things up a notch, and hold Johnson in contempt. He had to back off, however, because the White House used its two favorite words: executive privilege.

A House committee has backed off a threatened contempt of Congress vote against the head of the EPA after President Bush made a last-minute assertion of executive privilege to block the committee’s subpoenas of EPA.

Democratic Rep. Henry Waxman of California, who chairs the House Oversight and Government Reform Committee, had scheduled a contempt vote for Friday morning against Environmental Protection Agency Administrator Stephen Johnson and a White House budget official.

He contended the officials weren’t complying with subpoenas for documents to show whether the White House intervened with the EPA to produce more industry-friendly outcomes in setting a new smog rule and blocking California from regulating greenhouse gas emissions from cars and trucks.

As David Kurtz reminded us, “Keep in mind that the EPA and White House have been stonewalling Waxman for months, but have waited until now to formally invoke executive privilege.”

This really is ridiculous.

Waxman responded:

“I don’t think we’ve had a situation like this since Richard Nixon was president. When the President of the United States, may have been involved in acting contrary to law and the evidence that would determine that question for Congress, in exercising our oversight, is being blocked by an assertion of executive privilege. I would hope and expect this administration would not be making this assertion without a valid basis for it, but to date I have not seen a valid instance of their executive privilege.”

Keep in mind, before Johnson rejected California’s application, auto executives appealed directly to Dick Cheney, and Johnson delayed his decision until after the VP had talked to the execs: “On multiple occasions in October and November, Cheney and White House staff members met with industry executives, including the CEOs of Ford Motor Co. and Chrysler. At the meetings, the executives objected to California’s proposed fuel economy standards.”

Were Cheney’s meeting and the EPA’s decision related? Take a wild guess.

The US vice-president, Dick Cheney, was behind a controversial decision to block California’s attempt to impose tough emission limits on car manufacturers, according to insiders at the government Environmental Protection Agency.

Staff at the agency, which announced last week that California’s proposed limits were redundant, said the agency’s chief went against their expert advice after car executives met Cheney, and a Chrysler executive delivered a letter to the EPA saying why the state should not be allowed to regulate greenhouse gases.

This isn’t over.

The Executive should always be privileged, or they’ll wreck the place.

  • Johnston:

    It’s no longer about backbone. It’s about defeating the inevitable fillibuster that will come with trying to get ANYthing done about ANYthing that doesn’t involve decrying ‘objectionable’ NY Times articles and other fluff.

  • It is over. We lost. We continue to lose every day, no matter how many Democrats we elect.

  • You say “This isn’t over.” I hope you are right, but what next legal steps can Waxman, or anybody else, take? I’m sure there’s a mechanism for appealing executive privilege claims, but who would decide the appeal? The Justice Department? The Supreme Court? (yeah…, right).

    Will all these scandals simply go away in January? Will a new Congress pursue these issues or will it seem like a moot point? I don’t think it will be moot, but the political pressure will be on looking forward not backward.

  • But what difference does it make? The Democrats are never going to do anything about anybody. I don’t know why the administration even bothers to respond to Congress anymore. It’s just a joke. They could just as well make a blanket assertion, “Look, Democrats, we’re not going to pay any attention to your pathetic attempts to gather information from now on. Just assume you already have everything you’re ever going to get and work from there. Good luck and best regards, George and Dick.”

    Even better, why doesn’t Pelosi just amend her earlier statement to the following: everything is off the table. Then they could work on a babysitting bill or something and if they were real good, the Republicans might promise not to filibuster.

  • It’s the same as an Alford plea in Court. You’re guilty of the crime without admitting guilt and still having the ability of asserting your innocence.

    The Bush administration just pleaded an Alford, and want us to assume they’re not guilty.

    I wish the media would start presenting it that way. Doesn’t that go along with their claims about eaves dropping (FISA) that if you don’t have anything to hide…..

  • And the dems just rolled on telecom immunity. People, America as we know it is a thing of the past.

    The Police State can now operate overtly, with impunity.

    The Founding Fathers are rolling in their graves.

  • #8 that is indeed a sad milestone. Fortunately, that will only last until Obama gets into office next January. Then we can start uncovering the fraud and corruption and undo the damage done. Let the healing start in 2009

  • People, plase learn to count. We don’t have a ‘policy majority’ in either House in this Congress. Would you rather have the Democrats keep losing votes on key issues because the party members keep deserting them? Or is it better to simply push the Republicans into showing what they are — as Waxman repeatedly does — and wait for the true majority we’ll have next January which will let us get a lot accomplished? (Even then, a lot of what we want we won’t get because we are representative of a view somewhat to the left of the party in general — but we’ll get more than we expect.)

  • Can’t claim executive privilege when being impeached. Just starting impeachment proceedings removes the ability to claim it. But Pelosi and Reid would only grant immunity to the auto industry anyway. It’s a no-win situation and Obama is currently demonstrating why nothing is going to change anytime soon by his silence on these issues.

    Is there anything these guys can’t get away with.

    Cheney is laughing and like the character from “Mask” is screaming…”SOMEBODY STOP ME”
    Johnson is enough to make you want to throw up…on him. And this is not a corporatocracy how???

  • Question:

    What happens to the Bush/McCain cartel in January—when they can’t hide behind “executive privilege” any more?

    Answer:

    everything they’re hiding with executive privilege today will be locked in all of those man-sized safes that Dick “Shadow Commander Guy” Cheney has been moving to that new presidential library “an undisclosed location….”

  • I am unaware of any court ruling that says that executive privilege cannot be asserted when impeachment proceedings have begun. And since executive privilege is basically made up by the courts (kinda like the right to privacy), there would need to be some precedent. Of course, I have no idea why the dems don’t challenge Bush’s exec priv claim in court. They did it to Cheney and his energy task for and lost, but then again Cheney had a strong case because there is a general need to keep advice confidential, and there wasn’t any overriding factors that could be balanced against that need. I don’t know much about this case, but I get the feeling this could be another 5-4 SCOTUS decision against Bush.

    The one silver lining to all of this is that all of Bush’s exec privilege claims will probably be shot down after he leaves office because it would no longer constitute an “undue burden” (Nixon v. GSA). Though this would require the dems to have a spine and take this to court…

  • Thanks for this story in particular. I’ve become a loyal reader. You cover a wide range of fundamentally disapointing political news. So glad it’s not limited to just one area of government. I hope that someday you’ll be able to report on an inspired piece of legislation or political leadership. Oh–I guess we got gay marriage in California–that was good. Anyhoo…thanks yet again for your work.

  • and the house passing the fisa bill will result in the bush administration getting a pass when it comes to supoenaes.

    nice job, democrats!

    contribute to ActBlue’s fund to stop telecom immunity.

  • Hey–In response to my own comment earler, it ws a crappy day today for me because of Obama’s failure to come out against the FISA bill. I started looking back at the news, even today’s and realized that along with all the stories that get me down, there’s actually quite a lot of coverage of the “good” news too. And I do very much appreciate the breadth of topics covered here.

  • The Blue Dog Democrats in Congress are a guilty as Bush and Cheney. They have supported all this Criminal activity. “Executive Priviledge” under Bush has never been anything less than Obstruction of Justice. The Democratic Party including Obama covers their tails.

  • Whats going to be really amusing is how the republicans, when out of power, and out of white house, will try to squash every bit of executive privelege power the Dems will have. ‘We can’t have a king’ they will surely spew. And guess what? The SCOTUS will be right there, enabling and deciding for these pigs. They tried to impeach Clinton over a lie. And the Dems have rolled over for bush, arguably the worst and most deceitful president in history. If Dems don’t get a sack, there is no use for them. How many times so far have the repigs filibustered, put secret holds on legislation, and the like. And dems cry about it but do NOTHING. You are in control you idiots, act like it. Would Bill Frist let bad legislation get to the floor for a vote?? Tom Delay? yeah, right.

  • Hey, maybe Obama will use warrantless wiretapping to go after
    all the criminal Republicans. Round em up! They’ve all done
    something wrong. Just wait till they talk about it on the phone
    and you’ve got your evidence.

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