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"This Is What They Did to Us"

The EPA's catch-us-if-you-can game with Congress is not the norm, Senate environmental committee Chair Barbara Boxer (D-CA) said in kicking off this morning's hearing (airing on C-Span), declaring, "In all my years in the House and the Senate, I've never seen such disregard and disrespect.... I've never seen anything like it."

She went on to describe what her staff had to do to actually take notes on the EPA staff's recommendation on California's greenhouse gas waiver, even producing a visual aid. The documents with "sensitive" information on them had been covered with white tape, she said, and her staff had to pull it off to see -- a task which took 5 1/2 hours to review 46 pages (read what they said here). She produced a visual aid, a heap of the tape; saying "this is what they did to us."

Update: Here's the transcript:

SEN. BOXER: In my many years in the House and in the Senate -- and I'm very pained to say this, as chairman of this committee -- I have never seen such disregard and disrespect by an agency head for Congress and for the committees with the responsibility for oversight of his agency.

***

EPA has failed to fully respond to our requests for information, which I'll go into in the question time. I've never seen anything like it. We asked for the documents. First, we didn't get them when they were promised, and then we were told that the EPA staff would have to look over the shoulders of our staff, and our staff had to pull off pieces of tape off these documents to find out what Administrator Johnson was advised by his staff.

(To staff) Do we have that tape here?

STAFF: (Off mike.)

SEN. BOXER: We're going to show you that.

Imagine -- and it took the staff five and a half hours of time to transcribe 46 pages. This failure to cooperate with the Oversight Committee is unacceptable and must be corrected. The mission of the EPA is to protect human health and the environment. The administrative decision does neither.

The people who pay the administrator's salary have a right to know how he came to a decision that is so far removed from the facts, the law, the science, the precedent, state's rights, and all the rest that goes with it.

***

I said before I'd show you the kind of lack of cooperation we had. Colleagues, this is the tape. This is the tape that was put over -- finally administration had a way to use duct tape, a very -- this administration -- this is what they did to us. They put this white tape over the document, and staff had to stand here -- it's just unbelievable -- and pull off -- out of the sentences here. I mean, what a waste of our time.

This isn't national security. This isn't classified information, colleagues. This is information the people the people deserve to have. And this is not the way we should run, you know, the greatest government in the world. It does not befit us.


49 Comments

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Stop whining. I am tired of the whining. Do something about it. Cut-off funding now for administrative appointees' salaries and expenses. Just CUT OFF FUNDING. No more whining. CUT OFF FUNDING you dumb a**s.

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yeah, doesn't seem like too many people are listening or liveblogging - it's sad. If this hearing doesn't make your blood boil, then you must be a reptile. This is so sad sad sad. Our government is under the control of complete douchebags. The EPA guy just said the EPA has come to "no conclusion" that global warming is a threat to human health.

These people are going to exterminate the human race for money.

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If Barbara is truly upset, there's a simple and wholly justified remedy. IMPEACH HIS FAT ASS! Congress has the authority, not some true believer, goomer who is totally unqualified for the authority his position bestows.

Abuse of authority certainly qualifies as sufficient malfeasance for beginning an investigation. Less outrage, more action, Barbara.

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The senator is amazed at what the EPA is doing and finds it gives her the vapors. The 400 other things done in violation of the laws of our country don't matter now? Where were you then?

what BS. The country doesn't matter, the law doesn't matter, but this issue comes front and center?

you know, it looks like all our reps are just full of hot air. Let's see if we have any real senators left today.

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Wow. She seems pretty p****d. Maybe she'll do something really drastic, like write a "stern letter." That'll show them!

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Please, more updates! I want to see where the Committee says that they're going to

"...take serious action against the EPA sometime in the future- really, we're gonna- and it's gonna be bad so you should feel really guilty about it and be scared and hire a lawyer, but actually nothing will happen to you so you can go off and wreck the country some more. Oh, by the way, thanks! Most people we subpoena don't even show up! Let's do this again, after you revoke the clean air act or something cool like that. Cheers."

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So .....quit whinning and wimping out

FIRE HIS DUMB ASS !!!

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Bush must be laughing his ass off.

What a bunch of whining pussies the Dems are.

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Pathetic.

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Sen Boxer, we fell your pain.

But as many posters have already said, the remedies are available to you if you don't like the way you are being treated.

Telling us that Congress is being treated poorly and telling us we should be insulted is true enough. But WE don't have the power in a republic to do anything about it for another damn year.

If you want to make good on your outrage, you may have to do something outrageous.
Like your job.

You got the tools.

Use'm.

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Here is my citizen briefing note to my congress critters: Bush/Cheney are determined to shred the constitution and destroy our democracy.

Are you just going to sit there and watch it happen or are you going to do something about it?

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I don't think most of you get it. There is no firing there is only complaining. The Senate although they oversee the EPA do not have the power to remove anyone. Yes the Dem leadership could make a big stink, but they don't as they are in (BQAWTWE)mode (Being quiet and waiting to win the election) They FEAR doing anything that the Republicans can use in the elections. Sure it is spinless but that the Dem leadership for you. So what is boxer to do? Her leaders ignore her so she gets pissed and makes things as public as she can hoping some corporate media outlet picks it up and it becomes a public issue. It may be throwing SH*t in the fan but it is all she has.

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This is exactly the kind of crap you get when the Speaker of the House takes "impeachment off the table." We are going to watch a lot more of this over the coming year.

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Why do all the comments fault the senator ?

All the senate has is the authority given to it by the constitution. It has no men-at-arms, no means to fire anyone, no executive authority. It could cut off funds but chooses not to do so.

This adminisration has ditched the constitution. Are we a republic any more ? Is the president an elected despot now ? A monarch ? A dictator ?

Beware, beware, colleagues - this situation gets worse and it is headed nowhere you are going to like.

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Where has she been for the past seven years?

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The administration never expected to undergo any oversight, and they have made it as hard as possible at every turn. And Congress has helped them. In the Tom DeLay years (Denny Hastert was a straw man, of course), the White House wasn't going to be asked to explain anything. In the Nancy Pelosi years, they have yet to go to the mats and insist on the normal checks and balances.

It's kinda like going to war. Once presidents figured out they could make war without a Declaration, and Congress didn't have the cojones to stop them (sorry Nancy), then they just did what they wanted to do.

Same principle here, and unless someone is made to pay for this, it's never going to stop.

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George and Dick are watching this and laughing like schoolboys at Boxer and company. Sitting on the couch, eating Cheetos flipping off her image on TV.

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More Pissypants-Politics from our beloved Dem Senate.

OMFG--Quit the F*****G whining and do something!

Just a precurser for the big fold on telcom immunity...

Reid's new strategy: "Pussyfooting will now be conducted by the Senate Dems collectively, on the same day, so as to lessen the impact of any one outrageous position or lack-thereof."

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As if the GOP cared about acting in a way that "befit us". That ship sailed long ago, Senator. Those rules of respect for Congress were trashed years ago. Fluttering hankies and declarations of shock or outrage are like music to these, proving they are doing their jobs.

These guys came to play hardball, Senator. This is merely the latest skirmish in the administration's campaign to treat Congress like an appendix, or like an elderly grandma who you need to keep around just to sign the checks, and can happily ignore. How can she not have noticed this?

The tray full of white tape was a great image, but seriously, the guy from EPA was laughing on the inside. Words will never hurt them.

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So the Capitol Police are rounding up EPA staff under inherent contempt citations and hauling them off to jail, right?

Oh, no, that's right--Barb and the rest of the DLC capitulators are still "keeping their powder dry."

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Uh...Box? They're brazen? Really? Maybe you shouldn't give them every single thing they ask for. Maybe you should actually--you know--cut their funding.

I'm guessing it's just must easier to have a staffer write a letter.

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I'm with Michael A. Stop whinning and being fascilitators to these ANTI-American's running ur government. The Dems are looking like a bunch of calculating pussies.
Get tough or get out!!!!!!!!!!!!!!!!!

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Mock outrage is not enough, Senator Boxer.

DO SOMETHING.

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My Favorite line:

"Finally, this administration has a way to use all that duck tape"

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I foresee a "stern letter" and no action.

If the Democrats were serious about oversight they would not even hold these hearings. After going through the debacle she describes just to review the relevant evidence, they should cut funding for this jokester's agency.

But that would take spine, and if there is one thing Democrats lack it is spine.

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"cut funding for this jokester's agency"

Uhhh, I'm as outraged by this crap and the spinelessness of the Dems as anyone else, but the subject agency is the Environmental Protection Agency. Can anyone imagine something Bush and Cheney would like to see MORE than the EPA being shut down? It's like throwing Brer Bush into the briarpatch....

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All the next GOP Presidential nominee has to do is to show this video on the TV day in and day out with a voice saying in the end: Do you want these whiners to fight the terrorists?

Dems are toast. And deservedly so, on the recent history of their spinelessness even if the cowardice thats they routinely show leads to emboldening of the lawbreakers and the authoritarians of the GOP.

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Andy Horn is exactly right about threats to cut EPA funding. All they would do is cut environmental enforcement even further than they already have. Do you think they are going to cut the boss's staff or perks?

Now cutting the White House budget- that might get some attention!

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I agree with the sentiments here. Don't just complain. DO SOMETHING. Cut off funding to the Whitehouse. Impeach the head of the EPA for failing to perform his duties as required by law. SOMETHING.

I don't want to hear you b***h anymore.

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Is it any wonder that the public holds Congress in even lower esteem than the president? Lots of people who read TPM imagine that the Democrats are different than the Republicans, and that the post-Bush era is, somehow, going to be a relief. If the Democrats can't figure out how to deal with an issue like the EPA...right now! ... then why should anyone be eager to spend a dime or 10 minutes to elect more Democrats to Congress in November? Talk about your erectile dysfunction!!! Let's get some twin bathtubs into the Capitol post haste!

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Steve Johnson either agrees with the Bush administration policies or lacks the character to quit in protest of those policies. Either way he is a great disappointment.

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Just wanted to add my name to the "cut the whining and impeach their evil asses" list. We learned everything we needed to know about this administration during the 2001 "energy crisis."

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To all of you screaming "Do something, anything!"

The Senate is merely a bully pulpit in this case. And Boxer is correctly using that pulpit to point towards an outrage. For action, the State of California needs to bring this [censored] to court. But despite his glossy commercial, it's unknown whether Arnold will do that against a Republican administration.

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How many felt as I that Nov. '06 elections put Democrats in charge in Congress? What a joke. It is obvious they haven't forgotten how to legislate, oversee and investigate, they NEVER knew how. It is embarrassing to watch the egregious, cretinous, political appointed heads of agencies sit before committees UNDER OATH and tell them politely and in some cases rudely to kiss their A$$es. This guy just wasted tons of money doing something he knew would be contested in court and knowing it would lose just to give the automobile companies more time to pollute. Of course that scientific genius Imhofe REALLY added to the discussion.

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7hom7hom,
you may be right about "this case" but if Congress expects the Bush administration to treat their requests for documents in a civil and legal manner, they should have done something the first and every time Bush/Cheney gave them the finger.

And, let's see, they set aside those contempt citations this week. Well, if they want to be treated with contempt they should just keep it up.

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All of you commenting on this blog who characterize the Dems in Congress as a bunch of whiners with no intention of actually forcing Bushco lackeys to DO anything...at all...ever...might I suggest that you are ABSOLUTELY 100 PERCENT RIGHT DEAD ON.

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Would somebody kindly explain to me how We The People are going to get our country back. No one can be so naive as to think that this election and the one following in 2010 and the one in 14 and so on is going to derail this disaster called "the world's hope".

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**Stop electing people put forward by the DLC!! This constant jockeying by these clowns for "future" political advantage is driving me NUTZ!

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FIRST JUDGE: How did your summing up go?

SECOND JUDGE: Well, I was quite pleased actually. I was trying to do me butch voice, you know, 'what the jury must understand', and they loved it, you know...Anyway, I finished up with 'the actions of these vicious men is a violent stain on the community and the full penalty of the law is scarcely sufficient to deal with their ghastly crimes' -and I waggled me wig! Just ever so slightly, but it was a stunning effect.

FIRST JUDGE: Ooh! I bet it was...

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I see that others have forestalled me on the Sternly Worded Letter solution.

Here's a solution that would, at least, make for better TV:

Boxer should put the bowl of tape down on the floor.

And the Republican should get down on all fours like a dog, crawl to the bowl, pick up a piece of tape in his mouth, and then crawl up to the dais and drop the piece of tape at his mistress's feet.

Repeat until bowl is empty. What's wrong with these people?

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She had to READ her indignation! Not even winging it.

Sheesh..........

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Don't cut the EPA's funding, cut the political appointee's funding, however you have to do it.

Better yet, have the Capital Police arrest Johnson and put him in jail until he's ready to do the right thing ( in this case falling on his sword, literally might be a good thought).

Then get yer butt over to Pelosi's office and tell her to put impeachment back on the table, RFN.

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Obviously, this has Cheney written all over it. Also obviously, they don't care if they disrespect or piss off a Congress person.

A few months ago, in an interview with Bill Moyers, Jon Stewart said that the Al Gonzalez testimony, when he made a fool out of himself but kept silent, was straight out of Goodfellas when Robert DeNiro told little Ray Liotta that "you did good. you didn't say nothing!". And he was right on, and this is now SOP with administration officials.

Sad that we are comparing high ranking government officials to low-life gangbangers that got pinched but there it is.

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how could cutting EPA funding be the answer? most of agency's staff advised against the Administrator's decision - that's the whole point. the administration is corrupt, yes, but the bureaucrats are not - and in fact, they do good things every day.

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Hovey & Brian are right folks. The truth is, she's doing just about all she can by doing political theater, stage props and all. And to those who say cut off funding... to what? The whole EPA? Yeah, that's smart. Here's a suggestion: those of you complaining and whining about Boxer's complaining and whining should get off your well-worn office chair and DO SOMETHING YOURSELF! Call your representatives, call the White House, send letters and e-mails to anyone and everyone who's in a position to do something about it. Contact your media outlets and ask them to cover the story. Display your writing skills and anger in front of a larger audience by sending editorial comment to a bunch of newspapers. C'mon folks... you got a do-nothing congress because we're a do-nothing electorate. You want change, change yourself!

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For stonewalling and obstructing, he should be criticized, not for stating correctly that there is no conclusive evidence of direct harms to human health from global warming. Obviously this was not the response she wanted, however it is the only valid one. How will a few degree rise in temp lead to changes in human health? I just don't see it.

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Primus, I would suggest you do a little research. It would be devastating. The head of the NIH's testimony was shredded by the administration taking out all the scientific evidence of the problems. Hello. The rising water levels. The turning of the great plains into a desert. The flooding of coastal cities. Are you blind?

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"anon wrote on January 24, 2008 6:08 PM:
how could cutting EPA funding be the answer? most of agency's staff advised against the Administrator's decision - that's the whole point. the administration is corrupt, yes, but the bureaucrats are not - and in fact, they do good things every day."

What a load of CRAP. What "good things" do they do, call their Moms every day?

Most of Johnson's staff advised against it, not the whole agency's. The Administrator, Johnson, is wiley and corrupt; playing Gonzales, judging by his behaviour. I wonder how much his off-shore account ballooned with this "decision"?
Unfortunately, no one in congress has the cojones or huevos to take on even this wuss. His arse should be fried! not fired. Put his boots to the fire Senator!

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Give Boxer a break. Her opening statement (with the tape complaint) laid a very good foundation for her first round of questioning, in which she showed the PowerPoint pages the EPA gave the committee to start with, which had headers but no text.

As the Politico reported:
The documents the EPA gave Boxer were labeled “If We Grant,” “Compelling and Extraordinary Conditions” and “If We Deny” — with nothing but a blank space underneath and the phrase “Confidential — Deliberative Material.” [http://www.politico.com/news/stories/0108/8082.html]

This was what it was like on 16 of the 43 pages of the PowerPoint presentation.

Johnson is pissed that Boxer made public the contents of the report, which she and her aides could see but only take notes on, but she countered, among other things, that the EPA (and Johnson) has no privilege against the Congress and that the citizens of the US pay his salary.

Johnson still owes the committee more documents, which Johnson, as he has argued, doesn't want to show because of the pending litigation. Which his staff noted the EPA would likely lose.

Of course, if Johnson had gone along with his staff's recommendation, there would be no such litigation at all. And if the car manufacturers (et al.) had sued, the staff was confident that the EPA would win the case with no problem.

And also pity Boxer for chairing a committee with Inhofe, who still insists that the science on global warming is in question. There are "names you'd recognize" who question global warming. What a douchebag.

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