Congress hits White
House over secrecy
thehill.com
The Bush administration's refusal to cooperate with even
the most routine and basic congressional requests for information
is infuriating members of Congress and violating congressional
rights and responsibilities, members charge.
From Democratic liberals like Sen. Barbara Boxer (Calif.), who
calls getting a response from the White House "a
nightmare," to Republican conservatives like Rep. Dan
Burton (Ind.), who said he had to use "strong-arm
tactics" to get what he needed, there has been a rising
tide of congressional complaints in both the House and
Senate.
Furthermore, the administration is exacerbating the
frustration among lawmakers by failing to acknowledge requests
for information — even as a courtesy.
A number of lawmakers are threatening to subpoena the
administration — an extreme step reserved by lawmakers as a
last resort to elicit cooperation on mundane inquiries.
While power struggles between the executive and legislative
branches over information are not new, most of those struggles
traditionally have been confined to four areas: national defense,
law enforcement, foreign policy and the White House.
Since President Bush has been in office, the battle for
information between Congress and the White House has spread to
other areas such as environmental, educational and science
issues, lawmakers say.
David Walker, the controller general of the Government
Accounting Office, the investigative arm of Congress, confirmed
to The Hill that the current administration has been slower to
respond to congressional inquiries than previous
administrations.
But by delaying the release of information that could provide
ammunition to its critics, the Bush administration has
sidestepped a number of draining political confrontations and
kept the country focused on the president's agenda.
For example, the Bush administration has treated some
environmental issues with the same level of circumspection
previous administrations have reserved for national security.
"I think they have a penchant for secrecy," said
Boxer, chairwoman of the Superfund, Waste Control and Risk
Assessment Subcommittee of the Environment and Public Works
Committee. "We've seen it over and over again on
trying to get information on Superfund. It's been a
nightmare."
Boxer said the committee is on the verge of issuing subpoenas
to get information on the issue.
"They have sent us things that are not responsive, that
are not helping us. We can't tell people whether their
sites are being cleaned up or not," she said.
"It's just been a mess."
Boxer has also had problems soliciting information on a
proposal to move a major National Aeronautics and Space
Administration facility from Palmdale, Calif., to Florida, which
Boxer suspects is a favor for Florida Gov. Jeb Bush (R), the
president's brother.
Boxer and the administration officials disagree on the level
and source of funding for cleaning these polluted sites around
the country and their different approaches may explain the lack
of cooperation.
Sen. Jim Jeffords (Ind-Vt.), is chairman of the Environment
panel that has battled the Environmental Protection Agency (EPA)
for nearly nine months in an effort to obtain documents on the
decision to loosen pollution restrictions on coal plants.
Jeffords, who is pushing tough, clean-air legislation that the
White House opposes, only saw progress on his request after he
threatened to issue subpoenas for the data.
Jeffords is also criticizing the administration for being less
cooperative than previous ones.
"It's unfortunate that the administration will not
constructively engage with us on this very important
matter," Jeffords said at a recent hearing on the matter.
"Perhaps even more disturbing, the EPA has not been allowed
to provide the kind of technical assistance that this committee
has received in the past."
In an interview, Jeffords said his staff has also had
difficulty with the administration on educational issues.
"I do know it has been a problem," he said.
"It's been quite difficult on some issues. I've
had complaints — on educational stuff mostly."
Jeffords has been known to disagree with the president on
educational issues. In fact, a difference with Bush over
education spending for disabled children was one of the main
reasons Jeffords quit the Republican Party last year.
But even those who are closer to Bush ideologically have had
to wrangle with his administration over modest informational
requests. Even House Republicans have had to resort to strong
negotiating tactics to perform their oversight duties.
"I think that Mr. [Alberto] Gonzalez, the
president's counsel, and others have advised the president
to keep things pretty close to the vest across the board,"
said Burton, chairman of the House Government Reform
Committee."
Burton said his committee has had difficulty getting the
Justice Department to turn over documents related to a
30-year-old case of FBI corruption in Boston, not a matter he
sees as impacting national security.
"We finally got them but we had to be pretty
strong-armed. We had to use strong-armed tactics to get the
information," said Burton.
Burton and the White House have also hit an impasse on making
public the records of previous administrations, including the
administration of the president's father: George H. W.
Bush.
Last year President Bush issued an executive order giving him
the power to postpone the release of presidential papers. Burton
said he will try to reverse that order through legislation when
Congress returns in September.
Burton explained the disagreements over the FBI corruption
case and the presidential papers as a power struggle between the
branches.
"They believe in making the chief executive stronger by
protecting information and sources and the Congress," said
Burton. "Many people in Congress, like myself, feel we need
to continue to fight for our right to have access to things so
there is a difference of opinion."
"I still have very high regard for the president and
support him but, where necessary, Congress has to assert its
right to documents, and if that happens in my particularly
committee we'll certainly push to get them," he
added.
Other House Republicans have also had problems with the Bush
administration's penchant for secrecy.
"I've heard other congressmen and people outside
Congress saying that they need to be a little bit more open and
they are too secretive," said Burton. "I have heard
rumblings like that."
House GOP Conference Chairman J.C. Watts (R-Okla.) sent two
letters in late spring to the administration asking for
information on the decision to cut the Crusader heavy artillery
program from the defense budget. Watts received a partial
response to only one of the inquiries.
Republicans on the other side of the Capitol are also
frustrated. During a Judiciary Committee hearing on oversight of
the Department of Justice in late July, Sen. Arlen Specter
(R-Pa.) chided Attorney General John Ashcroft for being
unresponsive to his requests for information.
"I want to ask you about how busy you are,"
Specter asked Ashcroft, his former colleague, during the hearing.
"Now, maybe you're too busy to respond to
senators' letters. And if you are, frankly, I could
understand that. But if that's so, then I know I can always
track you down, find you at the White House. But it is a little
difficult."
"How do we communicate with you?" Specter said,
referring to an inquiry about suspected terrorists in federal
custody that never received a Justice Department response.
Sen. Joe Lieberman (D-Conn.), chairman of the Governmental
Affairs Committee, has fought for information on White House
contacts with executives from Enron Corp. since the beginning of
the year.
Lieberman ultimately subpoenaed the White House, but
administration officials never fully complied with the order.
Democratic committee staff and White House lawyers were
negotiating over the disputed documents last month.
Sen. Carl Levin (D-Mich.), chairman of the panel's
Permanent Subcommittee on Investigations, had to leak the threat
of a subpoena to make the administration respond to his inquiry
about the number of people detained so far in the war on
terrorism.
Even after the threat of a subpoena, the Justice Department
refused to reveal the number of people who have been detained as
material witnesses to suspected terrorist activities.
"Take a look at what Lieberman tried to get from the
Vice President's Office, he couldn't get it; he
couldn't get it; he couldn't get it," said
Levin. "We finally had a vote. We're going to issue a
subpoena on this energy task force, and all of a sudden here is
some of it the same day we voted on a subpoena."
"So to say they've been slow regularly is an
understatement," he said. "They slow-walk information
all the time."
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