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Context of 'June 21, 2001: Cheney’s Counsel Sends Meaningless Financial Documents to GAO'

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President Bush informs a small group of reporters that he is forming an “energy task force” to draw up a new national energy policy. It will be the first major policy initiative of his presidency. The administration is driven by its concern for “the people who work for a living… who struggle every day to get ahead.” The task force will find ways to meet the rising demand for energy and to avoid the shortfalls causing major power blackouts in California and other areas (see January 23, 2001). He has chosen Vice President Cheney to chair the task force. “Can’t think of a better man to run it than the vice president,” he says. He refuses to take questions, turning aside queries with jokes about the recent Super Bowl. The short press briefing will be virtually the only time the White House tells reporters anything about Cheney’s National Energy Policy Development Group. [Savage, 2007, pp. 85-86] Deputy press secretary Scott McClellan will later write that the task force “held a series of meetings with outside interests whose identities were withheld from the public. This created an early impression of an administration prone to secrecy and reinforced the image of the Bush White House as in thrall to corporate interests.” [McClellan, 2008, pp. 96]

Entity Tags: George W. Bush, Scott McClellan, Richard (“Dick”) Cheney, National Energy Policy Development Group

Timeline Tags: US Environmental Record

The General Accounting Office (GAO), the nonpartisan investigative arm of Congress, sends David Addington, the chief counsel to Vice President Cheney, a letter declaring that it intends to review the composition and activities of Cheney’s energy task force (see January 29, 2001). Addington is the one who issued the flat refusal to allow members of Congress to see any of the minutes or documents generated by the task force (see April 19 - May 4, 2001); in response, the members of Congress who requested the information asked GAO chief and comptroller general David Walker for help in investigating the task force. Walker is quite bipartisan, having worked for the Reagan and Bush-Quayle administrations before being appointed to the chairmanship of the GAO by President Clinton. [Savage, 2007, pp. 88] Addington will reply to Walker, denying that the GAO has any authority to investigate the task force (see May 16 - 17, 2001). In 2007, author Charlie Savage will call the Cheney-Addington battle with the GAO an early instance of the Bush administration’s fight to claim ever-widening presidential powers at the expense of Congress (see January 21, 2001).

Entity Tags: David Walker, Bush administration (43), David S. Addington, General Accounting Office, Richard (“Dick”) Cheney, Charlie Savage, National Energy Policy Development Group

Timeline Tags: US Environmental Record, Civil Liberties

The General Accounting Office (GAO) tries five times to arrange a meeting with David Addington, the chief counsel for Vice President Cheney, regarding the GAO’s request for information about Cheney’s secret energy task force (see January 29, 2001). Addington rebuffs all attempts to meet with GAO officials, and instead sends a letter refusing to comply with the GAO’s request (see May 16 - 17, 2001). On May 17, Addington leaves a voicemail on a GAO telephone saying that he is not authorized to meet with officials to discuss the task force, but that his letter is complete and “self-explanatory.” [General Accounting Office, 8/25/2003 pdf file]

Entity Tags: Richard (“Dick”) Cheney, General Accounting Office, David S. Addington, National Energy Policy Development Group

Timeline Tags: US Environmental Record, Civil Liberties

In response to a General Accounting Office (GAO) demand for information about the energy task force chaired by Vice President Cheney (see May 8, 2001), Cheney’s chief legal adviser, David Addington, rebuffs the GAO, claiming that the agency has no authority under the Constitution to investigate the task force. The task force is a creature of the executive branch, Addington argues, and as an arm of the legislative branch, the GAO cannot “inquire into the exercise of authorities committed to the executive by the Constitution.” The president can keep any such government deliberations entirely secret from Congress and the public, Addington asserts, in order to guarantee the “candor” of the advice he receives. GAO chief David Walker replies to Addington, rejecting his interpretation of the Constitution. Addington will, in the words of author Charlie Savage, “follow… injury with insult,” responding to Walker’s request for information by conceding that Congress might have the right to know about the direct costs incurred by the task force, and sending 77 pages of mundane expense reports (see June 21, 2001). The highlight of those reports: task force chair Andrew Lundquist’s ordering of a pizza on his own credit card. Walker will not be cowed by Addington’s flip rejoinder. [Savage, 2007, pp. 88-89]

Entity Tags: David Walker, Andrew Lundquist, David S. Addington, General Accounting Office, Charlie Savage, National Energy Policy Development Group, Richard (“Dick”) Cheney

Timeline Tags: US Environmental Record, Civil Liberties

The general counsel for the General Accounting Office (GAO) sends a letter to Vice President Cheney’s chief counsel, David Addington, explaining that the GAO believes its attempt to investigate Cheney’s secret energy task force (see January 29, 2001, May 16, 2001, and May 16 - 17, 2001) is right and proper under US law. [General Accounting Office, 8/25/2003 pdf file]

Entity Tags: Richard (“Dick”) Cheney, General Accounting Office, David S. Addington, National Energy Policy Development Group

Timeline Tags: US Environmental Record, Civil Liberties

David Addington, the chief counsel to Vice President Cheney, writes another letter rebuffing the General Accounting Office (GAO)‘s attempt to secure information about Cheney’s secret energy task force (see January 29, 2001 and May 16, 2001). This time, Addington writes that the GAO lacks the authority to obtain the requested information. He reasons that in statute 31 USC 717, which requires the GAO’s chief, the comptroller general, to “evaluate the results of a program or activity the government carries out under existing law,” the words “existing law” do not include the US Constitution. Under statute 31 USC 712, which requires the comptroller general to investigate “all matters related to the receipt, disbursement, and use of public money,” the task force is only required to inform the GAO of financial cost information—hence Addington’s previous letter informing the GAO about the task force’s mundane expenses (see May 16 - 17, 2001 and June 21, 2001). [General Accounting Office, 8/25/2003 pdf file]

Entity Tags: Richard (“Dick”) Cheney, General Accounting Office, David S. Addington, National Energy Policy Development Group

Timeline Tags: US Environmental Record, Civil Liberties

Pursuant to his letter to the General Accounting Office (GAO—see June 7, 2001), David Addington, the chief counsel for Vice President Cheney, sends the GAO 77 pages of financial information relating to Cheney’s secret energy task force. The documents cover little more than mundane expenses by the task force, including a pizza bought by task force chief Andrew Lundquist. The GAO will characterize the documents as “virtually impossible to analyze, as they consisted, for example, of pages with dollar amounts but no indication of the nature or the purpose of the expenditure. Nor did the materials reflect any apparent expenses in connection with the work of the six assigned [task force] staff.” [General Accounting Office, 8/25/2003 pdf file; Savage, 2007, pp. 88-89]

Entity Tags: David S. Addington, Andrew Lundquist, General Accounting Office, National Energy Policy Development Group, Richard (“Dick”) Cheney

Timeline Tags: US Environmental Record, Civil Liberties

David Addington, the chief counsel to Vice President Cheney, refuses to accept any more communications from the General Accounting Office (GAO) regarding the GAO’s attempt to learn about the doings of Cheney’s secret energy task force (see January 29, 2001 and May 16, 2001). Addington directs GAO officials to contact a lawyer at the Department of Justice with any further inquiries. [General Accounting Office, 8/25/2003 pdf file]

Entity Tags: David S. Addington, National Energy Policy Development Group, Richard (“Dick”) Cheney, General Accounting Office

Timeline Tags: US Environmental Record, Civil Liberties

David Addington, the chief counsel for Vice President Dick Cheney, writes a three-sentence letter to the government oversight organization Judicial Watch, rejecting its request for the records of Cheney’s secret energy task force (see June 25, 2001). Addington uses the same argument he used to reject the General Accounting Office’s request for records of the task force (see June 7, 2001): since open-government laws do not apply to the task force, in his opinion, there will be “no disclosure of the materials you requested.” Judicial Watch will file a lawsuit demanding the task force’s records be made available to the public (see July 14, 2001). [Savage, 2007, pp. 92]

Entity Tags: Richard (“Dick”) Cheney, David S. Addington, General Accounting Office, National Energy Policy Development Group, Judicial Watch

Timeline Tags: US Environmental Record, Civil Liberties

The General Accounting Office, repeatedly rebuffed by Vice President Cheney’s office in its attempt to secure information about Cheney’s secret energy task force (see May 8, 2001, May 10-17, 2001, May 16 - 17, 2001, June 7, 2001, June 21, 2001, and July 3, 2001), sends a letter written by its head, Comptroller General David Walker, to Cheney. Walker notes the repeated rebuffs from Cheney’s chief counsel, David Addington, and others in his office, and once again lays out his request for information regarding the task force’s participants, minutes of meetings, and other relevant information. When Walker follows up his letter with a phone call to Cheney on July 30, Cheney will fail to take the call. [General Accounting Office, 8/25/2003 pdf file]

Entity Tags: Richard (“Dick”) Cheney, David S. Addington, David Walker, National Energy Policy Development Group, General Accounting Office

Timeline Tags: US Environmental Record, Civil Liberties

Vice President Cheney’s chief counsel, David Addington, responds to the General Accounting Office (GAO)‘s offer to scale back its request for information regarding Cheney’s energy task force (see July 31, 2001) with another blanket refusal. Addington again asserts that the GAO has no authority to make such a request (see June 7, 2001). [General Accounting Office, 8/25/2003 pdf file]

Entity Tags: David S. Addington, National Energy Policy Development Group, Richard (“Dick”) Cheney, General Accounting Office

Timeline Tags: US Environmental Record, Civil Liberties

Vice President Cheney sends a letter to Congressional leaders demanding that they order the General Accounting Office (GAO)‘s chief, David Walker, to immediately withdraw his request for records pertaining to Cheney’s secret energy task force (see July 18, 2001). Walker has already scaled back his initial request (see July 31, 2001), but Cheney asserts that even the limited information Walker is requesting would violate “the confidentiality of communications among a president, a vice president, the president’s other senior advisers, and others.” Cheney also rails against “actions undertaken by an agent of the Congress, the comptroller general [Walker], which exceeded his lawful authority and which if given effect, would unconstitutionally interfere with the functioning of the executive branch.” [Savage, 2007, pp. 93] The GAO notes that Cheney’s letter does not cite the specific information requested by the GAO, as required by law. [General Accounting Office, 8/25/2003 pdf file]

Entity Tags: National Energy Policy Development Group, David Walker, Richard (“Dick”) Cheney, General Accounting Office

Timeline Tags: US Environmental Record, Civil Liberties

District Court Judge John Bates rules against the General Accounting Office (GAO), the investigative arm of Congress, in its attempt to force Vice President Cheney to disclose some of his Energy Task Force documents (see January 29, 2001 and May 16, 2001). The judge writes, “This case, in which neither a House of Congress nor any congressional committee has issued a subpoena for the disputed information or authorized this suit, is not the setting for such unprecedented judicial action.” [Associated Press, 12/9/2002] Bates is a Republican who worked as the deputy independent counsel to Kenneth Starr in the Whitewater investigation, and was appointed to the bench by President Bush in 2001. [Savage, 2007, pp. 112] The GAO later declines to appeal the ruling (see February 7, 2003). In a similar suit being filed by Judicial Watch and the Sierra Club, the Bush administration has successfully delayed deadlines forcing these documents to be turned over. [Associated Press, 12/6/2002] That case will eventually be decided in the administration’s favor (see May 10, 2005).
Cheney Pushes Back - Unfortunately, the ruling’s claim of no Congressional involvement is somewhat misleading. The original request for information came from two ranking House members, Henry Waxman (D-CA) of the Committee on Government Reform and John Conyers (D-MI) of the Energy and Commerce Committee (see April 19 - May 4, 2001). Waxman and Conyers followed standard procedure by writing to David Walker, head of the GAO, to request information about who was meeting with the task force and what the task force was doing (May 8, 2001. Instead of complying with the request, Cheney’s legal counsel, David Addington, replied that the task force was not subject to the Federal Advisory Committee Act, and therefore not bound by law to provide such information (see May 16 - 17, 2001). Addington later challenged the GAO’s authority, saying that it was trying “to intrude into the heart of Executive deliberations, including deliberations among the President, the Vice President, members of the President’s Cabinet, and the President’s immediate assistants, which the law protects to ensure the candor in Executive deliberation necessary to effective government.” The GAO was not asking for such information; former Nixon White House counsel John Dean will write in 2004, “It was clear [Addington] was looking to pick a fight.”
Tug of War - The GAO advised Addington that it did indeed have the legal power to examine the deliberations of such entities as the task force, and provided Addington both the statutory law and the legislative history, which flatly contradicted Addington’s refusal. The GAO also noted that it was “not inquiring into the deliberative process but [was] focused on gathering factual information regarding the process of developing President Bush’s National Energy Policy.” The GAO even narrowed the scope of its original request, asking only for the names of those who had worked with the task force, and the dates (see July 31, 2001). But this provoked further resistance from Cheney and his office, with Cheney publicly stating on numerous occasions that the GAO was unlawfully trying to intrude into the deliberative process. Walker’s patience ran out in January 2002, and he notified the White House and Congress that the GAO was taking the administration to court (see February 22, 2002).
Hardball in Federal Court - Usually the case will be handled by lawyers from the Justice Department’s Civil Division. But this case is much more important to the White House to be left to the usual group of attorneys. Instead, this lawsuit is one of the very few to be handled by a special unit operating under the direct supervision of Deputy Solicitor General Paul Clement and Clement’s boss, Solicitor General Theodore Olson. Olson, the lawyer who spearheaded the team that successfully argued the December 2000 Bush v. Gore case that awarded George W. Bush the presidency. Dean later learns that this special team was created specifically to find and handle cases that they can take to the Supreme Court in order to rewrite existing law, mostly laws that restrict the power of the presidency (see January 21, 2001). Many career attorneys at the Justice Department will become so offended by the existence and the agenda of this special legal team that they will resign their positions. The administraton sent a strong signal to Judge Bates when it sent Olson, who has argued many times before the Supreme Court, to argue the government’s case in his court. Dean will write that Bates, a recent Bush appointee and a veteran of the Whitewater investigation, “got the message.” He knows this case is slated to go to the Supreme Court if it doesn’t go the way the White House wants.
Standing the Law On Its Head - According to Dean, Bates turns the entire body of statutory law overseeing the GAO and its powers to compel information from the executive branch on its head. He rules that the GAO lacks the “standing to sue,” saying that it doesn’t have enough of a legal stake in the controversy to have a role in trying to compel information. Bates, flying in the face of over eight decades of law and precedent, rules that, in essence, the GAO is merely an agent of Congress, and because neither the GAO nor Walker had suffered injury because of the task force’s refusal to comply with its request, the GAO has no legal recourse against the executive branch. Bates hangs much of his ruling on the fact that Congress has not yet subpoenaed the White House for the task force information. Thusly, Bates guts the entire structure of enforcement authority the GAO has as part of its statutory mandate. Bates does not go as far as the Justice Department wants, by not specifically ruling that the entire GAO statute is unconstitutional, but otherwise Bates’s ruling is a complete victory for the White House. [Dean, 2004, pp. 76-80] Authors Lou Dubose and Jake Bernstein later write that “Bates’s ruling creates a legislative Catch-22 for Democrats.” Because the GOP is the majority party, and because GOP Congressional leaders refuse to subpoena the White House on virtually any issue or conflict, no such subpoenas as Bates is mandating are likely to ever be granted by Republican committee chairmen. [Dubose and Bernstein, 2006, pp. 14] In 2007, author and reporter Charlie Savage will write that Bates’s ruling severely eroded the GAO’s “ability to threaten to file a lawsuit [and] damaged the congressional watchdog’s capability to persuade executive branch agencies to comply with its requests for information.… Bates had established a principle that, if left undisturbed, could change the attitudes of executive branch officials when the GAO asked for documents they did not want to disclose.” [Savage, 2007, pp. 112-113]

Entity Tags: John Dean, Lou Dubose, Paul Clement, Sierra Club, John Conyers, US Supreme Court, US Department of Justice, Theodore (“Ted”) Olson, Richard (“Dick”) Cheney, John Bates, Judicial Watch, Henry A. Waxman, Bush administration (43), Charlie Savage, David Walker, David S. Addington, Government Accountability Office, Energy Task Force, Jake Bernstein, Federal Advisory Committee Act

Timeline Tags: US Environmental Record, Civil Liberties

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