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Again, EPA Asserts Executive Privilege against Embarrassment
EPA chief Stephen Johnson has deployed a variety of methods to thwart Congressional scrutiny. There's been old fashioned stonewalling. Testimonial gobbledygook. And of course fleeing the hemisphere.
But there's another recurring method: refusing to turn over internal EPA documents because they would "confuse" the public. Back in January, Sen. Barbara Boxer (D-CA) wanted documents that show Johnson ignored his staff when he blocked California's attempt to institute tough greenhouse gas limits on cars and trucks. The EPA said no, in part because "further disclosure could result in needless public confusion about the Administrator's decision." In other words, EPA experts said one thing and Johnson had said another. You can't have that getting out (even though it did).
Staffers from the Senate environmental committee, which Boxer chairs, were finally able to see the documents, but only in EPA offices, and only then after peeling off layers of white tape which the EPA had used to redact the offending portions of the documents.
Now the House global warming committee is after Johnson for his agency's failure to comply with a Supreme Court decision that declared that the EPA had to regulate greenhouse gases. Chairman Ed Markey (D-MA) issued a subpoena for documents that show that the EPA had complied with the Court last December. EPA staff completed work on the matter (as they've told Congressional investigators), but the political leadership has been sitting on it since then.
But Johnson, who's deployed a succession of transparent delaying tactics to avoid regulating greenhouse gases, doesn't want to fork them over. His associate administrator writes:
...EPA has grave concerns relating to the Committee's subpoena. In particular, we are concerned that the release of the deliberative, pre-decisional documents that do not reflect the Agency's final thinking would be injurious to important Executive Branch institutional prerogatives: such release may have a chilling effect on further deliberations in this and other matters; it may create erroneous impressions of the Agency's thinking; and it may raise questions about the Agency having reacted in response to, or having been influenced by, proceedings in a legislative or public forum outside the established administrative process.
The President has made clear that he doesn't want to see stricter mandatory limits on greenhouse gases anytime soon. If California was able to have its strict limits (standards that would also be adopted by more than a dozen other states), or if the EPA were to obey the Supreme Court and follow the Clean Air Act, it would result in a "regulatory nightmare." In other words, lower limits on greenhouse gas emissions. And the EPA is clearly doing everything it can to fight such an outcome.
Comments (28)
This jerkoff is one top-drawer turd! Glad he's soon going to be out of the punchbowl.
April 18, 2008 12:14 PM | Reply | Permalink
To hell with him. He's doing what he was put there by Bush to do. Where the hell is the big press conference with Reid and Pelosi and all these other leadership jackals saying how they wont stand for this bullshit?
April 18, 2008 2:50 PM | Reply | Permalink
'Avoid public confusion'?
Doesn't he really mean 'avoid the public finding out just how corrupt we are'?
I don't think anyone in CA is confused about this: we have a pretty good idea of who ordered this, and it isn't anyone who lives here.
April 18, 2008 12:30 PM | Reply | Permalink
Why, yes. The public might become confused as to why it pays taxes to a government that doesn't represent its interests. We the People might get so confused that we might actually revolt, rather than continuing to plod along like so many clueless sheep.
I think that Johnson's use of the word "confused" is the classical definition, i.e., unaligned.
April 19, 2008 4:49 PM | Reply | Permalink
This is a classic case of how the Bush/Cheney gang handles Congressional oversight and subpoenas. Compare for a moment the incessant hearings during the Clinton years and how little you saw of not appearing before Committees, or the need for Congress to issue subpoenas on a weekly basis.
The modern day Republicans and the Bush/Cheney gang are a bunch of thugs who need to be treated as what they are.
I'm afraid Dem leaders and committee chairs are nothing more than wind bags who are trying to run the clock out on the Bush gang without doing anything they feel will cost them seats.
A pox on them all.
April 18, 2008 12:40 PM | Reply | Permalink
This sounds like The Onion. "Confuse the public"?
April 18, 2008 12:43 PM | Reply | Permalink
Ah, now I see the ancient chemistry terminology use of the word: mixed together. We certainly can't have that! We the People, blended and therefore (gasp) united?? Oh, my. This will never do. We must remain divided in order to allow our masters to continue their Important Work for their True Customers, rather than the Wretched Consumers.
That is, we are not the customers of our government. We are the customers of the corporations, who are the true patrons of the government of these United States. After all, it is the patron who provides the funding, and whom, regardless of the source of the funding, reaps the rewards.
[my, but I've got my sarcasm on today, eh wot?]
April 19, 2008 4:56 PM | Reply | Permalink
The House could always impeach Cabinet members for refusing to answer legitimate subpoenas. It's the only tool they have left.
April 18, 2008 1:00 PM | Reply | Permalink
Why not just get a warrant for refusal to obey the Supreme Court and arrest this guy?
April 18, 2008 1:02 PM | Reply | Permalink
It is time for a sternly worded letter to the under secretary to the administrative assistant to the secretary of EPA. That will take care of the problem - appearing to be engaged in doing the public business instead of serving their industry masters.
April 18, 2008 1:11 PM | Reply | Permalink
Well Congress . . .
Got anything to show us? . . .
Anything? . . .
April 18, 2008 1:14 PM | Reply | Permalink
The only confusion is how this clown still has a job. Johnson, like the rest of the Bush's crew, is no stranger such delaying tactics. But you'll be seeing more and more of this as we near Bush's exit. Every day, week and month thus delayed limits just how much truth we can learn about this Republican Presidency's malfeasance prior to the election. At the same time it brings these folks closer to pardon time.
-AF
Andrew Sullivan Is A Fraud
April 18, 2008 1:18 PM | Reply | Permalink
The cool thing is that I believe they need to be convicted before Bush leaves office for him to give them a pardon.
How about a big trial starting January 21?
April 18, 2008 9:14 PM | Reply | Permalink
"It's my executive privilege to be a jackass."
What happened to his smiling photo TPM used to have? It highlighted his douchebaggery to the Nth degree.
April 18, 2008 1:39 PM | Reply | Permalink
Despite continual denials, we DO have only one branch left in our government. the other two are but figureheads...
For our youth who have never really learned true history... this country you live in once had three branches of government as well as a functioning democracy.
April 18, 2008 1:42 PM | Reply | Permalink
Wow.
Why is he still in office?
Why is he not in jail?
Subpoena?
Impeachment?
ITMFA
April 18, 2008 2:10 PM | Reply | Permalink
Can't Congress play hardball and suspend this guy's salary until he cooperates? I'm surprised some of his staff, who appear to hold opinions diametrically opposed to his, haven't leaked the information to Boxer's committee.
April 18, 2008 2:15 PM | Reply | Permalink
Didn't you hear? These career coward Dems we have running things have spent their entire careers powerless or have gone so long without having power that they have no friggin clue on how to act.
This bullshit boggles the fuckin mind. One thing you have to hand to the Shrub and Conservatives- they represent their fucking constituents. Are our representatives in Congress inept cowards or complicit villains?
April 18, 2008 2:55 PM | Reply | Permalink
They are all rich lobbyists, so I doubt they'd care. But I care that my taxes are giving this weasel a salary, benefits, and a pension!
April 18, 2008 9:17 PM | Reply | Permalink
Boy, the amount of document shredding this mis-Administration will have to do before they leave office, makes the 5 million e-mails the White House has supposedly lost look like a drop in a bucket.
April 18, 2008 2:52 PM | Reply | Permalink
I just hope some career federal employees are keeping copies, and maybe writing books.
April 18, 2008 9:19 PM | Reply | Permalink
Will this executive privilege issue always be a non issue? Have we hit the end of that dead end. Are we all to go to hell now? I'm waiting.
April 18, 2008 2:59 PM | Reply | Permalink
Please, please, please, just once call in the sergeant at arms and march one of these mothers off to jail.
April 18, 2008 4:28 PM | Reply | Permalink
I`m very confused that this jerk isn`t in jail.All those folks are what they are--criminals.I hope karma pays them a visit soon.
April 18, 2008 5:11 PM | Reply | Permalink
Didn't these political appointees swear an oath to uphold the constitution and faithfully execute the duties of their office? Is that perjury?
April 18, 2008 9:22 PM | Reply | Permalink
The EPA or the Environmentsl Protection Agency has gone the way of the Republican Orwellian new speach. We have the "healthy Forest" and the "Clear Skies" innitiatives that allow corporate thugs to rape the environment. When is someone going to call these people on their unlawful acts?
April 18, 2008 5:14 PM | Reply | Permalink
Ha! Yes, and I am going to write a sternly worded letter to my mugger, for mugging me!
April 20, 2008 6:03 AM | Reply | Permalink
Stephen Johnson must be a prime candidate for a fratboy pardon.
April 23, 2008 2:23 PM | Reply | Permalink