Profile: Henry A. Waxman

House Democrats Henry Waxman (D-CA) and John Dingell (D-MI) write to Andrew Lundquist, the executive director of the Cheney energy task force (see January 29, 2001), asking for access to the task force’s records. Waxman and Dingell ask with whom the task force met and what had been said at those meetings. They base their request on the 1972 Federal Advisory Committee Act (FACA), an open-government law that states when nongovernment officials, such as energy company officials or lobbyists, help craft public policy, the government must ensure that a balance of viewpoints is represented and such meetings must be open to the press and the public. Two weeks later, Cheney’s chief counsel, David Addington, replies, denying Waxman and Dingell any information. Addington says that FACA does not apply to the task force, and attaches a memo from Lundquist asserting that while nongovernmental officials have been part of the task force’s deliberations, since they were not official members of the task force, their participation does not count. “These meetings… were simply forums to collect individuals views rather than to bring a collective judgment to bear,” Addington writes. Addington then advises the representatives that they need to show “due regard for the constitutional separation of powers,” claims that the White House can assert executive privilege over the task force’s records, and finishes with the assertion that Congress is not even entitled to the information Addington has provided—he has done so, he writes, “as a matter of comity between the executive and legislative branches.” [General Accounting Office, 8/25/2003 ; Savage, 2007, pp. 87-88]

Entity Tags: Federal Advisory Committee Act, Andrew Lundquist, David S. Addington, John Dingell, National Energy Policy Development Group, Henry A. Waxman, Richard (“Dick”) Cheney, Bush administration

Timeline Tags: Bush's Environmental Record, Civil Liberties

A study conducted by the General Accounting Office (GAO) finds that the scientists and experts who sit on the Science Advisory Board panels which advise the EPA often have ties to the affected industries or other conflicts of interest. The study, requested by Rep. Henry A. Waxman (Calif.), says that EPA officials regularly fail to identify potential conflicts of interest when panel members are chosen and do not adequately disclose the existence of such conflicts to the public. Though it is prohibited for a federal employee to participate in any “particular matter” that could affect their financial interests, there is an exemption that permits special government employees to serve on advisory panels when the topic being studied directly affects the financial interests of their employer—as long as the employer is not “singularly affected.” [Washington Post, 7/16/2001]

Entity Tags: Henry A. Waxman, Government Accountability Office

Timeline Tags: Bush's Environmental Record

ABC reporter Ted Koppel asks Vice President Dick Cheney about meetings with his “pals” from the oil and energy industries (see January 29, 2001 and April 17, 2001 and After). Koppel is referring to the attempts by Congress to be given the names of the participants in Cheney’s energy task force meetings. Cheney says: “I think it’s going to have to be resolved in court, and I think that’s probably appropriate. I think, in fact, that this is the first time the GAO [Government Accountability Office] has ever issued a so-called demand letter to a president/vice president. I’m a duly elected constitutional officer. The idea that any member of Congress can demand from me a list of everybody I meet with and what they say strikes me as—as inappropriate, and not in keeping with the Constitution.” Authors Lou Dubose and Jake Bernstein will later write, “The vice president was deftly turning a request for records into a constitutional struggle between the legislative and executive branches.” Representative Henry Waxman (D-CA), who issued the original requests before turning them over to the GAO, will put his demands for information on hold because of the 9/11 attacks and the war in Afghanistan, but the case will indeed end up in court (see February 22, 2002). [Dubose and Bernstein, 2006, pp. 11-12]

Entity Tags: Lou Dubose, Richard (“Dick”) Cheney, Government Accountability Office, Henry A. Waxman, Ted Koppel, Jake Bernstein, National Energy Policy Development Group

Timeline Tags: Bush's Environmental Record, Civil Liberties

Anthony Gamboa, the general counsel for the General Accounting Office (GAO), reiterates the GAO’s modification of its original request for documents and records pertaining to Vice President Cheney’s energy task force (see January 29, 2001 and May 16, 2001). In a letter to the editor of the Wall Street Journal, Gamboa writes: “The GAO long ago dropped its request for the minutes and notes of the vice president’s meetings with people outside the government, as well as requests for any materials those individuals have given to Mr. Cheney (see July 31, 2001). The GAO simply seeks the names of those he met in his capacity as head of the energy policy task force, when and where he met them, the subject matter of the meetings, and an explanation of the costs incurred.” Cheney responds during an appearance on the late-night talk show The Tonight Show. He explains his continued refusal to cooperate with the GAO: “What’s at stake here is whether a member of Congress [Henry Waxman (D-CA), whom Cheney has accused the GAO of working for] can demand that I give him notes of all my meetings and a list of everybody I met with. We don’t think that he has that authority.” [National Review, 2/20/2002] The GAO’s chief, Comptroller General David Walker, will later call Cheney’s statements “disinformation.” [Savage, 2007, pp. 100]

Entity Tags: National Energy Policy Development Group, Anthony Gamboa, David Walker, Henry A. Waxman, Richard (“Dick”) Cheney, General Accounting Office

Timeline Tags: Bush's 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, Charlie Savage, David Walker, David S. Addington, Government Accountability Office, Energy Task Force, Jake Bernstein, Federal Advisory Committee Act

Timeline Tags: Bush's Environmental Record, Civil Liberties

In a letter to US Congressman Henry A. Waxman, the Commanding Lieutenant General of the US Army, Robert B. Flowers, says that the contract awarded to Halliburton subsidiary Kellogg, Brown & Root (KBR) also includes work concerning the “operation” of Iraqi oil facilities and “distribution” of Iraqi oil products. [Flowers, 5/2/2003 ]

Entity Tags: Henry A. Waxman, Halliburton, Inc.

Timeline Tags: Iraq under US Occupation

Members of Congressman Henry A. Waxman’s staff interview two members of the Iraqi Governing Council. They state that Iraqi firms could be hired for reconstruction projects at one-tenth the amount being charged by US firms. Their claim is corroborated by the Coalition Provisional Authority’s (CPA) own justification (see September 17, 2003) for the $20 billion reconstruction supplemental. The CPA states that when work is done by Iraqi companies the “cost of construction is 1/10th of US standard per sq. ft. in general construction.” [US Congress, 9/30/2003, pp. 3-4 ]

Entity Tags: Iraqi Governing Council, Henry A. Waxman

Timeline Tags: Iraq under US Occupation

Representative Henry Waxman (D-CA), the ranking member of the House Oversight Committee, writes a letter to committee chairman Tom Davis (D-VA), asking that the committee open an investigation into the Plame Wilson identity leak. Davis will not respond to Waxman’s letter. [Waxman, 12/2005]

Entity Tags: Henry A. Waxman, Tom Davis, House Committee on Oversight and Government Reform

Timeline Tags: Niger Uranium and Plame Outing

Representative Henry Waxman (D-CA), the ranking member of the House Oversight Committee, writes a letter to committee chairman Tom Davis (R-VA), asking that the committee open an investigation into the Plame Wilson identity leak. Waxman’s letter will not receive a response. Davis has already ignored one such request (see September 29, 2003). [Waxman, 12/2005]

Entity Tags: House Committee on Oversight and Government Reform, Tom Davis, Henry A. Waxman

Timeline Tags: Niger Uranium and Plame Outing

Representative Henry Waxman (D-CA), the ranking member of the House Oversight Committee, writes a letter to committee chairman Tom Davis (D-VA), asking that the committee open an investigation into the Plame Wilson identity leak. Waxman’s letter will not receive a response. Davis has already ignored two similar letters from Waxman (see September 29, 2003 and October 8, 2003). [Waxman, 12/2005]

Entity Tags: Tom Davis, Henry A. Waxman, House Committee on Oversight and Government Reform

Timeline Tags: Niger Uranium and Plame Outing

The Environmental Protection Agency (EPA) meets its February 27, 2004 deadline to come up with a new federal rule regulating formaldehyde emissions. Ignoring the opinion of experts, the EPA did not take into account the findings of two recent studies (see November 2003) (see Early 2004) that had found that workers who were exposed to formaldehyde were at an elevated risk of leukemia. The EPA said it did not have time to incorporate the two findings before the deadline. Though extensions for such deadlines are often given, the agency did not request one. Instead, the EPA relied on a cancer risk assessment by the Chemical Industry Institute of Toxicology, a private, nonprofit research organization, funded primarily by chemical companies. That assessment was about 10,000 times weaker than the level previously used by the EPA in setting standards for formaldehyde exposure. The new federal rule is modeled on a proposal that had been designed by a lobbyist for the wood products industry (see January 14, 2002). It creates a new category of “low-risk” plants, which gives the agency the authority to decide on a plant-by-plant basis which facilities pose a risk to public health. It initially exempts eight wood products plants from having to install pollution controls for formaldehyde and other emissions, but could eventually extend the exemptions to 147 or more of the 223 facilities nationwide. The exemption allows qualifying plants to legally skirt pollution-control requirements that had been mandated by a 1990 amendment to the Clean Air Act requiring all large industrial plants to use “best available” technology in order to reduce emissions of 189 substances. Though backers of the new rule claim that it does not violate the amendment, the lawmakers who wrote the legislation disagree. “I don’t have any doubt but that is a way to get around the policy which we worked hard to achieve,” former Sen. David F. Durenberger (R-Minn.) will tell the Los Angeles Times in May. Rep. Henry A. Waxman (D-Los Angeles) similarly says the exemption is “directly contrary to our intent.” The new rule will save the industry as much as $66 million annually for about 10 years in potential emission control costs. [Los Angeles Times, 5/21/2004]

Entity Tags: Bush administration, David F. Durenberger, Environmental Protection Agency, Henry A. Waxman

Timeline Tags: Bush's Environmental Record

The General Accounting Office (GAO) reports on an array of problems with the military’s missile defense system (see March 23, 1983 and January 29, 1991). Its report includes an unclassified list of 50 recommendations for improving the system that originated in a public report produced by the Pentagon in 2000. Instead of acting on the recommendations, the Pentagon declares the list of recommendations “retroactively classified,” thereby forbidding Congressional members from discussing the recommendations in public. House members Henry Waxman (D-CA) and John Tierney (D-MA), who requested the GAO report, send an angry letter to Defense Secretary Rumsfeld calling the decision to classify the recommendations “highly dubious” and “an attempt to stymie public debate through the use of the classification system.” Rumsfeld ignores the protest. [Savage, 2007, pp. 103-104]

Entity Tags: US Department of Defense, Henry A. Waxman, John Tierney, Donald Rumsfeld, General Accounting Office

Timeline Tags: US Military, US International Relations, Civil Liberties

A report by the 9/11 Commission on the FAA and 9/11 is publicly released. The fact that the report reveals nearly half of all FAA daily briefings between April and early September 2001 mentioned al-Qaeda, bin Laden, or both causes headlines (see April 1, 2001-September 10, 2001). However, the report was actually completed in August 2004 but was held up by the Bush administration. Some speculate that the publication of the report was delayed until after the November 2004 presidential election to help Bush get reelected. For instance, 9/11 victim’s relative Carol Ashley states, “I’m just appalled that this was withheld for five months. That contributes to the idea that the government knew something and didn’t act, it contributes to the conspiracy theories out there.” Representative Henry Waxman (D) asks for a hearing on whether the Bush administration played politics with the report’s release, but the Republican-controlled House of Representatives doesn’t allow such a hearing. [Associated Press, 2/11/2005] Additionally, the released version of this report is heavily censored in some areas. The 9/11 Commission asserts that the whole report should be released, but the Bush administration is blocking their efforts to release the censored portions. Politicians, 9/11 victims’ relatives, open-government advocates, and others call for the release of the entire report, but to no avail. [New York Times, 2/11/2005]

Entity Tags: Bush administration, Federal Aviation Administration, Henry A. Waxman, 9/11 Commission, Al-Qaeda, Osama bin Laden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Representative Henry Waxman (D-CA), the ranking member of the House Oversight Committee, writes a letter to committee chairman Tom Davis (R-VA), asking that the committee open an investigation into the Plame Wilson identity leak. Waxman’s letter will not receive a response. Davis has already ignored three similar letters from Waxman (see September 29, 2003, October 8, 2003, and December 11, 2003). [Waxman, 12/2005]

Entity Tags: House Committee on Oversight and Government Reform, Tom Davis, Henry A. Waxman

Timeline Tags: Niger Uranium and Plame Outing

During a press conference, President Bush is asked if he still intends to fire anyone involved in the Plame Wilson leak, and if he is “displeased that Karl Rove told a reporter that Ambassador Joseph Wilson’s wife worked for the [CIA] on WMD issues.” Bush, described as looking “mildly annoyed,” responds, “We have a serious ongoing investigation here,” and adds: “[I]t’s being played out in the press. And I think it’s best that people wait until the investigation is complete before you jump to conclusions. And I will do so, as well. I don’t know all the facts. I would like to know all the facts. The best place for the facts to be done is by somebody who’s spending time investigating it. I would like this to end as quickly as possible so we know all the facts, and if someone committed a crime, they will no longer work in my administration.” The last line regarding a “crime” was carefully selected before the conference by White House communications director Dan Bartlett, who, press secretary Scott McClellan will later write, wanted to “redefine the terms of firing someone who might have been involved in the leak, specifically Karl.” The New York Times observes, “The remarks appeared to shift the standard for dismissal that has been expressed repeatedly over many months by Mr. Bush’s spokesmen—from promises to fire anyone who played a role in the disclosure, to Mr. Bush’s statement today that criminal conduct would have to be involved.” McClellan dutifully echoes the new phrase in his own press conference, “barely objecting that it did not square with what the president had previously committed to do” (see September 29, 2003 and June 10, 2004). “I think that the president was stating what is obvious when it comes to people who work in the administration: that if someone commits a crime, they’re not going to be working any longer in this administration,” McClellan tells reporters. “I think that you should not read anything into it more than what the president said at this point.” McClellan will later describe himself as “psychologically battered” by this point (see July 11, 2005). [New York Times, 7/18/2005; White House, 7/18/2005; New York Times, 7/19/2005; McClellan, 2008, pp. 262-263]
Accusations of Shifting Standards, 'Lowering the Ethics Bar' - Senator Charles Schumer (D-NY) says he is disappointed in what he believes to be Bush’s shifting stance. “The standard for holding a high position in the White House should not simply be that you didn’t break the law,” he says. Representative Henry Waxman (D-CA) writes a letter to Bush charging that he has “significantly changed” his position, and that a president has “an affirmative obligation” to take quick action to protect national security secrets without waiting for a prosecution to run its course. [New York Times, 7/18/2005] Other Democrats charge that Bush has “lowered the ethics bar” for his administration. Representative John Conyers (D-MI) says: “It appears that an administration that came to office promising ‘honesty and integrity’ and to avoid ‘legalisms’ is now defining ethical standards downward. In this White House, apparently no aide will be fired or forced to resign unless and until the jail cell door is locked behind him.” [Associated Press, 7/18/2005]
Rove Held to Different Standard of Accountability, Say Experts - Some experts say that by insisting on waiting for a final legal verdict, Bush is setting a different standard of accountability for Rove than for other government employees. Elaine Kaplan, who headed the Office of Special Counsel from 1998 through 2003, says: “Government employees and officials who are negligent with classified information can lose their jobs for carelessness. They don’t have to be convicted of intentionally disseminating the information. Crime has never been the threshold. That’s not the standard that applies to rank-and-file federal employees. They can be fired for misconduct well short of a crime.” Beth Slavet, the former chair of the Merit Systems Protection Board, adds: “The government can fire a Civil Service employee if it can show, by a preponderance of the evidence, that it would ‘promote the efficiency of the service’ to do so. The person does not have to be guilty of a crime. You can be dismissed because you didn’t submit paperwork on time, you didn’t follow instructions, you repeatedly showed up late for work, or you yelled at supervisors and fellow workers.” [New York Times, 7/19/2005]

Entity Tags: Beth Slavet, Charles Schumer, Dan Bartlett, Henry A. Waxman, Elaine Kaplan, Scott McClellan, George W. Bush, John Conyers, Karl Rove

Timeline Tags: Niger Uranium and Plame Outing

Representative Henry Waxman (D-CA), the ranking member of the House Oversight Committee, writes a letter to committee chairman Tom Davis (D-VA), asking that the committee open an investigation into the Plame Wilson identity leak. Waxman’s letter will not receive a response. Davis has already ignored four similar letters from Waxman (see September 29, 2003, October 8, 2003, December 11, 2003, and July 11, 2005). [Waxman, 12/2005]

Entity Tags: Tom Davis, Henry A. Waxman

Timeline Tags: Niger Uranium and Plame Outing

Three Democratic congressmen ask Vice President Dick Cheney to testify in the upcoming trial of his former chief of staff, Lewis Libby, even as Libby pled not guilty to five felony counts stemming from the Plame Wilson CIA identity leak investigation (see November 3, 2005). Henry Waxman (D-CA), Maurice Hinchey (D-NY), and John Conyers (D-MI) send a letter to Cheney asking why Cheney’s office gathered information on Valerie Plame Wilson in 2003, whether Cheney directed Libby to leak Plame Wilson’s name to reporters, and whether Cheney knew Libby was leaking that information. “[T]here are many wide-ranging questions about your involvement,” they write. The three congressmen also ask more general questions, such as if Cheney knew the administration’s claims that Iraq sought uranium from Niger were false even as the White House was using those claims to justify its war with Iraq. Cheney spokeswoman Lea Anne McBride says that Cheney will cooperate with the Justice Department as the criminal investigation of special counsel Patrick Fitzgerald moves forward. Cheney and other White House officials could be called to testify if Libby goes to trial. [Associated Press, 11/3/2005]

Entity Tags: Lewis (“Scooter”) Libby, Bush administration, Henry A. Waxman, Lea Anne McBride, Maurice Hinchey, US Department of Justice, John Conyers, Valerie Plame Wilson, Patrick Fitzgerald, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Representative Henry Waxman (D-CA), the ranking member of the House Oversight Committee, writes a letter to committee chairman Tom Davis (D-VA), asking that the committee open an investigation into the Valerie Plame Wilson identity leak. Waxman’s letter will not receive a response. Davis has already ignored five similar letters from Waxman (see September 29, 2003, October 8, 2003, December 11, 2003, July 11, 2005, and October 28, 2005). [Waxman, 12/2005]

Entity Tags: Henry A. Waxman, Tom Davis, House Committee on Oversight and Government Reform

Timeline Tags: Niger Uranium and Plame Outing

Congressmen Henry Waxman (D-CA) and Tom Davis (R-VA) send a letter to James L. Connaughton, chairman of the White House Council on Environmental Quality (CEQ) requesting routine documents concerning communications between CEQ and other government agencies and outside parties having to do with the issue of climate science. The letter asks that the documents be provided no later than August 1, 2006. Specifically, the two lawmakers say they want documents that relate to the following:
“[CEQ’s former chief of staff Phillip] Cooney’s activities related to climate change;”
“CEQ’s review of and suggested edits to materials produced by other federal agencies regarding climate change;”
“Efforts by CEQ to manage or influence statements made by government scientists or experts to representatives of media regarding climate change;”
“CEQ’s communications with other federal agencies regarding climate change science; and”
“Contacts between CEQ and any nongovernmental party related to climate change.” [Waxman and Davis, 7/20/2006 ]

Entity Tags: Tom Davis, Henry A. Waxman, James L. Connaughton, Council on Environmental Quality, Philip A. Cooney

Timeline Tags: Global Warming

The ranking members of the House Government Reform Committee and the Committee on Science, Energy, and Commerce ask the Government Accountability Office to investigate the impact that Bush’s proposed budget cuts (see Early February 2006) and the EPA library closures (see, e.g., August 15, 2006 and October 20, 2006 and After) will have on scientific research, regulatory quality, and enforcement capability. The letter cites the concerns of EPA scientists that the changes will “harm the agency’s ability to carry out its mission and will be especially damaging to EPA’s ability to enforce environmental laws.” It adds that EPA employees fear the library reorganization scheme may result in the “permanent” loss of access to many documents. [PEER, 8/21/2006; Gordon, Waxman, and Dingall, 9/19/2006 ]

Entity Tags: Henry A. Waxman, Bart Gordan, Government Accountability Office, John Dingell, Environmental Protection Agency

Timeline Tags: Bush's Environmental Record

Four incoming House Democratic committee chairs write a letter to EPA Administrator Stephen Johnson demanding that the agency immediately cease the “destruction or disposition of all [EPA] library holdings… and that all records of library holdings and dispersed materials” be kept safe. On October 1, the EPA closed several regional libraries and has since boxed up or destroyed collections from these libraries as part of a library reorganization plan. The closures were prompted by Bush’s 2007 budget request which slashed funding for the EPA’s network of technical libraries (see Early February 2006). However, neither the budget request nor the reorganization plan has been approved by Congress. [Gordon et al., 11/30/2006 ; Public Employees for Environmental Responsibility (PEER), 12/8/2006] The next day, on December 1, the EPA, apparently ignoring the senators’ request, removes thousands of documents from the website of the Office of Prevention, Pollution, and Toxic Substances (OPPTS) Library [Stoss, 12/4/2006 ; Public Employees for Environmental Responsibility (PEER), 12/8/2006] , which was quietly shut down about six weeks ago (see October 20, 2006).

Entity Tags: Henry A. Waxman, John Dingell, Stephen Johnson, James L. Oberstar, Bart Gordan

Timeline Tags: Bush's Environmental Record

President Bush signs the Postal Reform bill and includes a signing statement asserting that the federal government has a right to search the mail of any US citizen “for foreign intelligence collection.” While White House spokesman Tony Snow insists that Bush is just clarifying current law, the New York Daily News reports that experts say Bush’s signing statement “is contrary to existing law and contradicted the bill he had just signed.” Nor do the lawmakers who drafted the law agree with Bush’s interpretation. “Despite the president’s statement that he may be able to circumvent a basic privacy protection, the new postal law continues to prohibit the government from snooping into people’s mail without a warrant,” says Representative Henry Waxman (D-CA), who co-sponsored the bill. Under current law, federal agents must have a search warrant to open first-class mail. Commenting on Bush’s signing statement, Ann Beeson, an attorney with the American Civil Liberties Union, remarks, “The signing statement raises serious questions whether he is authorizing opening of mail contrary to the Constitution and to laws enacted by Congress. What is the purpose of the signing statement if it isn’t that?” [New York Daily News, 1/4/2007; MSNBC, 1/5/2007]

Entity Tags: Ann Beeson, Henry A. Waxman, George W. Bush, Tony Snow

Timeline Tags: Complete 911 Timeline

Six months after lawmakers asked (see July 20, 2006) the White House Council on Environmental Quality to provide them with documents related to its internal communications on climate change, the Bush administration releases nine documents. But the following day, Congressman Henry Waxman says the documents “add little to our inquiry. In some cases, they do not even appear to be records we were seeking.” [US Congress, 1/30/2007 ]

Entity Tags: Council on Environmental Quality, Henry A. Waxman

Timeline Tags: Global Warming

James Knodell. [Source: CommonDreams (.org)]White House Director of Security James Knodell testifies to the House Oversight Committee that the White House never investigated the possible involvement of White House officials in exposing Valerie Plame Wilson’s identity. [Think Progress, 3/16/2007; Editor & Publisher, 3/18/2007; Nation, 3/19/2007] Knodell says he is aware of no such internal investigation or report from anyone in the White House: “I have no knowledge of any investigation in my office.” The White House Office of Security would be the lawful body to conduct such an investigation. Knodell testifies only after the White House dropped its resistance to his appearing before the committee, which had threatened to subpoena the White House for Knodell’s testimony. Representative Henry Waxman (D-CA) says that President Bush had promised a full internal probe (see September 30, 2003 and September 30, 2003), and Knodell again states he knows of no such probe. He adds that he has never talked to Bush, Vice President Dick Cheney, political strategist Karl Rove, or anyone in the White House about the Plame Wilson leak. His knowledge of the affair, he says, comes from “the press.” He tells the committee that those who had participated in the leaking of classified information are required by law to own up to this, but he is not aware that anyone, including Rove, had done that. Representative Elijah Cummings (D-MD) calls the failure of the White House to mount an internal investigation “shocking,” and says that Knodell’s office’s failure to mount such a probe constitutes a “breach within a breach.” Eleanor Holmes Norton (D-DC) calls it a “dereliction of duty.” Knodell promises to “review this with senior management.” He attempts to assert that since a criminal investigation was launched, no such internal probe was needed, but committee Democrats challenge his statement, saying that the criminal probe is narrowly focused, began only after months of inaction and stonewalling by the White House, and is required by law regardless of whatever other investigations are underway. Waxman asks, “[T]here was an obligation for the White House to investigate whether classified information was being leaked inappropriately, wasn’t there?” to which Knodell replies, “If that was the case, yes.” Committee Democrats also note that anyone who leaked information about classified information is required by law to have their security clearances denied, and ask Knodell why Rove still has such clearance. [Think Progress, 3/16/2007; Editor & Publisher, 3/18/2007]

Entity Tags: House Committee on Oversight and Government Reform, Eleanor Holmes Norton, Bush administration, Elijah Cummings, Henry A. Waxman, Richard (“Dick”) Cheney, White House Office of Security, Karl Rove, Valerie Plame Wilson, James Knodell, George W. Bush

Timeline Tags: Niger Uranium and Plame Outing

Henry Waxman (D-CA), the chairman of the House Oversight Committee, writes to Vice President Cheney demanding an explanation for his decision not to comply with executive orders (see 2003). Cheney’s office, like other executive branch entities, is required to annually report on the amount of documents it is classifying, and how those documents are being kept secure. The annual requests are made in pursuance of an executive order, last updated by President Bush in 2003. The order states that it applies to any “entity within the executive branch that comes into the possession of classified information.” Cheney has justified the decision by saying that because the Vice President is also the president of the Senate, the vice president’s office is not strictly a part of the executive branch, and therefore is not subject to the president’s executive orders; he cites as evidence his Constitutional role as a tie breaker in the Senate. Waxman writes, “Your decision to exempt your office from the President’s order is problematic because it could place national security secrets at risk. It is also hard to understand given the history of security breaches involving officials in your office.” Waxman’s point is that, if Cheney’s office is not part of the executive branch, then it is not authorized to view many of the classified documents it routinely receives; therefore the viewing of these documents by Cheney and his officials constitutes a breach of security. Waxman writes, “I question both the legality and the wisdom of your actions. In May 2006, an official in your office [Leandro Aragoncillo] pled guilty to passing classified information to individuals in the Philippines [as part of a plot to overthrow President Gloria Macapagal Arroyo… Aragoncillo reportedly disclosed numerous secret and top secret documents to Philippine officials over several years while working in your office.… In March 2007, your former chief of staff, Lewis ‘Scooter’ Libby, was convicted of perjury, obstruction of justice, and false statements for denying his role in disclosing the identity of a covert CIA agent (see November 20, 2007). In July 2003, you reportedly instructed Mr. Libby to disclose information from a National lntelligence Estimate to Judith Miller, a former New York Times reporter. This record does not inspire confidence in how your office handles the nation’s most sensitive security information. Indeed, it would appear particularly irresponsible to give an office with your history of security breaches an exemption from the safeguards that apply to all other executive branch officials.… Your office may have the worst record in the executive branch for safeguarding classified information.” Waxman notes that Cheney’s office is notorious for declassifying information for purely political reasons, as in the Libby case. Waxman concludes, “Given this record, serious questions can be raised about both the legality and the advisability of exempting your office from the rules that apply to all other executive branch officials.” [Congress Committee On Oversight And Government Reform, 6/21/2007; New York Times, 6/22/2007] The next day, when asked what he believes about Cheney’s position, Senate Majority Leader Harry Reid will quip, “I always thought that he was president of this administration.” [Cox News Service, 6/22/2007] Five days later, Waxman will say, “I know the vice president wants to operate with unprecedented secrecy, but this is absurd. This order is designed to keep classified information safe. His argument is really that he’s not part of the executive branch, so he doesn’t have to comply.… He doesn’t have classified information because of his legislative function. It’s because of his executive function.” [New York Times, 6/22/2007]

Entity Tags: Richard (“Dick”) Cheney, Judith Miller, Information Security Oversight Office, Gloria Macapagal Arroyo, Harry Reid, Henry A. Waxman, Leandro Aragoncillo, Lewis (“Scooter”) Libby

Timeline Tags: Civil Liberties

House Democratic Caucus chairman Rahm Emanuel (D-IL) says that if Vice President Dick Cheney does not accept that his office is an “entity within the executive branch,” then taxpayers should not finance his executive expenses. Cheney has refused to comply with executive branch rules governing disclosure of classification procedures by claiming that the vice president is part of the legislative branch as well as the executive (see 2003). Cheney needs to make up his mind one way or the other, Emanuel says, and live with the consequences. Cheney spokeswoman Lea Ann McBride retorts that Emanuel “can either deal with the serious issues facing our country or create more partisan politics.” In response to a letter from Henry Waxman (D-CA), chairman of the House Oversight Committee, that charges Cheney with refusing to obey a 2003 executive order requiring that all executive offices detail the number of documents they classify or declassify (see June 21, 2007), President Bush has already said that reporting requirements do not cover either his office or Cheney’s. And McBride says that because of Bush’s decision, the question of whether the office is part of the executive or the legislative branch is irrelevant. “The executive order’s intent is to treat the vice president like the president, rather than like an agency” within the executive branch, McBride says. Many Democrats disagree. Senator Dianne Feinstein (D-CA) calls Cheney’s position “the height of arrogance,” and says Emanuel’s proposal “might not be a bad idea.” [USA Today, 6/24/2007]

Entity Tags: Richard (“Dick”) Cheney, Rahm Emanuel, House Committee on Oversight and Government Reform, George W. Bush, Dianne Feinstein, Henry A. Waxman, Lea Anne McBride

Timeline Tags: Civil Liberties

Henry Waxman (D-CA), chairman of the House Oversight Committee, disputes Vice President Dick Cheney’s assertion that he is not strictly part of the executive branch (see 2003). The dispute relates to reporting of document classification—Cheney argues his office does not have to report on its classification activities, partly because it is not a fully-fledged member fo the executive branch. In a letter to White House counsel Fred Fielding, Waxman also criticizes the administration’s handling of classified information and security issues. White House staffers regularly block inspections by security officials checking for compliance with security rules, Waxman writes, but also regularly ignore security breaches reported by the Secret Service and CIA, and mismanage the White House Security Office for political reasons. And President Bush’s top political adviser, Karl Rove, recently had his security clearance renewed even though it was prohibited under guidelines signed by Bush. Rove is believed to have leaked classified information in the outing of CIA agent Valerie Plame Wilson. [CBS News, 6/27/2007]

Entity Tags: House Committee on Oversight and Government Reform, Central Intelligence Agency, Fred Fielding, Henry A. Waxman, Karl Rove, Valerie Plame Wilson, George W. Bush, White House Security Office, Richard (“Dick”) Cheney, Secret Service

Timeline Tags: Civil Liberties

The White House finally releases a list of officials and organizations who met with Vice President Cheney’s energy task force (the National Energy Policy Development Group—see May 16, 2001) in 2001. Cheney and the White House have successfully battled for six years to keep virtually all details of the task force secret (see May 10, 2005), and many other documents and files pertaining to the task force remain secret. The list of participants confirms what many have always suspected—that oil, gas, and energy executives and lobbyists were virtually the only ones to have any input in the task force’s policy deliberations. Many of the participants were also heavy donors to the Bush-Cheney campaign, and to the Republican Party in general.
Secrecy - Some participants say they were never sure why the White House fought so hard to keep the information about the task force secret. “I never knew why they fought so hard to keep it secret,” says Charles A. Samuels, a lawyer for the Association of Home Appliance Manufacturers. “I am sure the vast majority of the meetings were very policy-oriented meetings—exactly what should take place.” Others say that their meetings with the task force were routine.
API Input - American Petroleum Institute president Red Cavaney says that when he met with the task force, he and his fellow API officials discussed position papers the organization had given to the Bush-Cheney campaign and to newly elected members of Congress. “We’re in the business of routinely providing advocacy materials,” Cavaney says. “Speaking for myself, I had zero hand in authoring or sitting with anyone from that task force and changing anything.” But Cavaney is seriously downplaying API’s influence (see March 20, 2001).
"Ridiculous" - Representative Henry Waxman (D-CA), chairman of the House Oversight and Government Reform Committee, who has been a driving force behind the effort to reveal the inner workings of the task force to the public, says it is it is “ridiculous” that it has taken six years to see who attended the meetings. He describes the energy task force as an early indicator of “how secretively Vice President Cheney wanted to act.” As to the makeup of the participants, Waxman is not surprised to see the dominance of energy industry groups in the meetings. “Six years later, we see we lost an opportunity to become less dependent on importing oil, on using fossil fuels, which have been a threat to our national security and the well-being of the planet,” he says. Climate expert David Hawkins of the Natural Resources Defense Council says: “Cheney had his finger on a critical issue. He just pushed it in the wrong direction.” [Washington Post, 7/18/2007]

Entity Tags: National Energy Policy Development Group, Bush administration, Association of Home Appliance Manufacturers, American Petroleum Institute, Charles A. Samuels, Henry A. Waxman, Natural Resources Defense Council, Richard (“Dick”) Cheney, David Hawkins, Red Cavaney

Timeline Tags: Bush's Environmental Record, Civil Liberties

Henry Waxman (D-CA), the chairman of the House Oversight Committee, writes to Secretary of State Condoleezza Rice asking for information about the recently announced, unauthorized access to Senator Barack Obama’s (D-IL) passport files (see March 20, 2008). Waxman also asks that the State Department make the information public. In a letter to Rice, Waxman asks for the names of the two State Department contractors who broke into Obama’s files. [Speaker of the House, 3/21/2008; Henry A. Waxman, 3/21/2008 ] State Department spokesman Sean McCormack says the State Department will make results of its internal investigation available to congressional oversight committees and to Obama’s office. [Associated Press, 3/21/2008]

Entity Tags: Henry A. Waxman, Barack Obama, US Department of State, Condoleezza Rice

Timeline Tags: Civil Liberties

Henry Waxman (D-CA), the chairman of the House Oversight Committee, writes to Attorney General Michael Mukasey requesting access to the transcripts of interviews by President Bush and Vice President Cheney regarding the “outing” of CIA agent Valerie Plame Wilson (see Shortly after February 13, 2002). The interviews were conducted as part of the investigation of former Vice Presidential Chief of Staff Lewis “Scooter” Libby by special prosecutor Patrick Fitzgerald. Waxman notes that he made a similar request in December 2007 which has gone unfulfilled. Waxman wants the reports from Bush and Cheney’s interviews, and the unredacted reports from the interviews with Libby, former White House Deputy Chief of Staff Karl Rove, former White House press secretary Scott McClellan, former National Security Adviser Condoleezza Rice, former White House aide Cathie Martin, “and other senior White House officials.” Information revealed by McClellan in conjuction with his new book What Happened, including McClellan’s statement that Bush and Cheney “directed me to go out there and exonerate Scooter Libby,” and his assertion that “Rove, Libby, and possibly Vice President Cheney… allowed me, even encouraged me, to repeat a lie,” adds to evidence from Libby’s interviews that Cheney may have been the source of the information that Wilson worked for the CIA. For Cheney to leak Wilson’s identity, and to then direct McClellan to mislead the public, “would be a major breach of trust,” Waxman writes. He adds that no argument can be made for withholding the documents on the basis of executive privilege, and notes that in 1997 and 1998, the Oversight Committee demanded and received FBI interviews with then-President Clinton and then-Vice President Gore without even consulting the White House. [US House of Representatives, 6/3/2008; TPM Muckraker, 6/3/2008]

Entity Tags: Richard (“Dick”) Cheney, Condoleezza Rice, Cathie Martin, Al Gore, George W. Bush, Henry A. Waxman, House Committee on Oversight and Government Reform, Karl Rove, Lewis (“Scooter”) Libby, William Jefferson (“Bill”) Clinton, Scott McClellan, Michael Mukasey

Timeline Tags: Civil Liberties, Niger Uranium and Plame Outing

Republican National Committee chairman Michael Steele gives a very direct answer when asked if President Obama’s health care proposal constitutes socialism. During a presentation at the National Press Club, Steele is asked, “Does President Obama’s health care plan represent socialism?” He replies: “Yes. Next question.” MSNBC’s Rachel Maddow notes that Steele is “very sure that reforming health care is socialism even if he’s not actually all that sure what health care policy is,” and plays a video clip of Steele saying at a recent press conference: “I don’t do policy. I’m not—I’m not a legislator.” Steele acknowledges that Republicans made similar assessments of Medicare when it was proposed in 1965, and says: “I think that there’s a legitimate debate there about the impact that Medicare and Medicaid are having on the overall fabric of our economy. I think, though, in this case, unlike 1965, the level of spending, the level of government control and intrusion is far greater and much more expansive than anything we’ve ever seen.… So I think that what we’re talking about here is something far beyond anything we’ve seen in 1965 or since 1965. This is unprecedented government intrusion into the private sector, period. And you can sweeten that any way you want, but it still tastes bitter. And I think the American people know that.” According to Steele, Obama, House Speaker Nancy Pelosi (D-CA), and other Democrats are part of a “cabal” that wants to implement government-run health care. “Obama-Pelosi want to start building a colossal, closed health care system where Washington decides. Republicans want and support an open health care system where patients and doctors make the decisions,” he says. Adding Senate Majority Leader Harry Reid (D-NV) and House Energy and Commerce Committee chairman Henry Waxman (D-CA) into his statement, Steele continues: “Many Democrats outside of the Obama-Pelosi-Reid-Waxman cabal know that voters won’t stand for these kinds of foolish prescriptions for our health care. We do too. That’s why Republicans will stop at nothing to remind voters about the risky experimentation going on in Washington.” Obama and Congressional Democrats are moving too fast to try to enact health care reform, Steele says. “So slow down, Mr. President. We can’t afford to get health care wrong. Your experiment proposes too much, too soon, too fast. Your experiment with our health care could change everything we like about our health care, and our economy as well.” When asked why Republicans are not advancing their own health care proposals, Steele responds: “Now, you know, the Republicans can get up tomorrow and introduce its own bill, but you and I know how Washington works. The bill that matters is the one that the leadership puts in place. The Democrats have the leadership.” [Wall Street Journal, 7/20/2009; Associated Press, 7/20/2009; MSNBC, 7/27/2009]

Entity Tags: Michael Steele, Harry Reid, Barack Obama, Henry A. Waxman, Medicare, Rachel Maddow, Medicaid, Nancy Pelosi, Republican National Committee

Timeline Tags: US Health Care, Domestic Propaganda

The Pharmaceutical Research and Manufacturers of America (PhRMA) acknowledges it has funded a series of television advertisements in support of legislation primarily written by Max Baucus (D-MT), chairman of the Senate Finance Committee, to reform US health care. The television ads are part of an agreement between the Obama administration, Baucus, and PhRMA in June, where the organization agreed to various givebacks and discounts designed to reduce America’s pharmaceutical spending by $80 billion over 10 years. PhRMA then set aside $150 million for advertising to support health care legislation. More progressive House Democrats such as Henry Waxman (D-CA) are pushing for stiffer drug industry givebacks than covered in the deal. PhRMA is led by Billy Tauzin, a former Republican congressman. Until recently, the organization spent some $12 million on ads by an offshoot coalition called Americans for Stable Quality Care, and aired television ads such as “Eight Ways Reform Matters to You.” PhRMA’s new ads will specifically support the Baucus bill. Many are critical of the deal, with James Love of the progressive research group Knowledge Ecology charging, “Essentially what the US got was not $80 billion, but $150 million in Obama campaign contributions.” [New York Times, 9/12/2009] Investigative reporter Matt Taibbi agrees with Love, accusing the White House of colluding with Baucus and Tauzin’s PhRMA to orchestrate a “big bribe” in exchange for the Democrats’ dropping of drug-pricing reform in the Baucus bill. Taibbi writes that in June, White House chief of staff Rahm Emanuel met with representatives from PhRMA and drug companies such as Abbott Laboratories, Merck, and Pfizer to cut their deal. Tauzer later told reporters that the White House had “blessed” a plan involving the $150 million in return for the White House’s agreement to no longer back government negotiations for bulk-rate pharmaceuticals for Medicare, and to no longer support the importation of inexpensive drugs from Canada. Taibbi writes that the White House worked with Baucus and PhRMA to undercut Waxman’s attempts to give the government the ability to negotiate lower rates for Medicare drugs. PhRMA’s ads are being aired primarily in the districts of freshmen Democrats who are expected to face tough re-election campaigns, and in the districts of conservative “Blue Dog” Democrats, who have sided with Baucus, Obama, and PhRMA to oppose the Waxman provision in favor of PhRMA’s own provision, which would ban the government from negotiating lower rates for Medicare recipients. [True/Slant, 9/14/2009]

Entity Tags: James Love, Henry A. Waxman, Americans for Stable Quality Care, Abbott Laboratories, Rahm Emanuel, Pharmaceutical Research and Manufacturers of America, Senate Finance Committee, Obama administration, Medicare, Max Baucus, Matt Taibbi, Pfizer, Merck, Billy Tauzin

Timeline Tags: US Health Care