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Confidentiality Interests Prevent DOT From Handing Over Docs
The Department of Transportation is citing "confidentiality interests of the Executive Branch" as the reason for hanging on to at least 53 documents the House Committee on Oversight and Government Reform wants to see.
The committee requested the documents for its investigation into whether DOT improperly lobbied Congress on behalf of the auto industry. DOT maintains that anti-lobbying measures do not apply in the alleged scheme because members of the agency contacted Congress directly. The measures only applies when an agency enlists citizens to lobby officials, lawyers for DOT argue.
Rep. Henry Waxman (D-CA) still wants a full look at the case. The situation emerged from California's request for an Environmental Protection Agency waiver that would allow it to heighten emissions standards in the state. When the deadline for EPA to make a decision neared, DOT employees contacted members of Congress about how the decision could affect the auto industry in their districts.
Comments (30)
Jake wrote on July 5, 2007 2:17 PM:God forbid that Congressmen find out how environmental-wackos pressuring the EPA could impact their OWN constituents!!!
Mrs Panstreppon wrote on July 5, 2007 2:27 PM:Did the Bush administration bring back D. J. Gribbin just to handle this issue? Gribbin was confirmed on 6/22/07 and signs a letter to Congress on 6/29/07.
From the Leadership Directories website (link below):
"News Alerts - Friday, June 22, 2007
Confirmation, General Counsel, United States Department of Transportation
David James “D.J.” Gribbin, IV
Title: General Counsel, United States Department of Transportation
Address: 400 7th Street, SW, Room 10428, Washington, DC 20590
Telephone: (202) 366-4702
Fax: (202) 366-3388
Internet: http://www.dot.gov/ost/ogc/
Education: Georgetown 1985 BA; Georgetown 1992 JD
Career: Legislative Director, U.S. Representative Larry Combest, (R) TX, United States House of Representatives; Staff Member, House Committee on the District of Columbia, United States House of Representatives; Legislative Representative, National Federation of Independent Business (1989-1994); National Field Director, Christian Coalition (1994-1997); Government Affairs Director, Koch Industries, Inc. (1997-1999); Public Sector Business Development Director, Koch Industries, Inc. (1999-2003); Chief Counsel, Federal Highway Administration, United States Department of Transportation (2003-2005); Division Director, Macquarie Holdings, USA.
Anonymous wrote on July 5, 2007 2:31 PM:The Senate has confirmed David James Gribbin, IV, to be General Counsel of the Department of Transportation"
Jake, please go back to trolling ThinkProgress.
bobh wrote on July 5, 2007 2:49 PM:Jake...we're not interested in your world view. Its been proven to cause retardation. Go back to your minder and watch superman movies.
The executive branch is in for a huge round of DEFUNDING.
Besides..we all know jake is Karl Roves cabana boy.
Roberta wrote on July 5, 2007 2:52 PM:The word "diabolical" springs to mind.
If the DoT employees who made the calls weren't "lobbying" against the California waiver, why did they call?
The DoT is apparently worried about California setting the bar too high on emissions standards, so that it is not "uniform [with the] regulatory scheme for fuel economy established by the National Highway Transit and Safety Administration." I guess it just wouldn't fair to those other states who can't keep up with California.
It has, of course, nothing to do with a deficiency in the national standards. And it's certainly nothing to do with pressure exerted from, say, the auto industry, which (boo-hoo) can't keep pace with those pesky foreign auto manufacturers. And definitely, no one from the oil industry bitched to Cheney about how this might cut into their business, so that Big Dick put the screws to the DoT.
It's almost elegant. No, the DoT's "activity simply does not implicate the anti-lobbying provisions." By using a few degrees of separation, the message (pressure) gets sent to the Congress without violating the letter of the law.
The Legislative Branch has to learn to think like the Executive Branch: diabolically. It'll probably make for even more-cumbersome legislation, but they need to think of every loophole the Executive could slither through.
It's like how you have to deal with mischievous kids: If you tell them not to "touch" the delicate glass gewgaw, you'd better include their clothing, shoes, hair, and implements in the instructions. Otherwise, like this administration, they'll find a way to do it anyway and tell you, "But you didn't say anything about blowing on it!"
buck turgidson wrote on July 5, 2007 3:04 PM:There is no such thing as "confidentiality interests of the executive branch". There is "executive privilege", the extent of which, as you know, is debatable. There are confidentiality rules for federal agencies, but they apply to internal investigations of regulated entities and other work-product, not to the conduct of agency officials. Lobbying is not a work-product of an agency by any stretch of imagination. Any lawyer should be able to quash this line before virtually any judge.
Security Code: Springtime for Hitler
JNagarya wrote on July 5, 2007 9:00 PM:There is no such thing as "confidentiality interests of the executive branch". There is "executive privilege", the extent of which, as you know, is debatable. There are confidentiality rules for federal agencies, but they apply to internal investigations of regulated entities and other work-product, not to the conduct of agency officials. Lobbying is not a work-product of an agency by any stretch of imagination. Any lawyer should be able to quash this line before virtually any judge.
Security Code: Springtime for Hitler
Posted by: buck turgidson
Date: July 5, 2007 3:04 PM
Exactly. The DOT was established by Congress to carry out tasks stipulated by Congress, in behalf of We the people. The Executive is to fulfill those obligations in its administration of the DOT. There are no legitimate secrets from the Congress, which funds DOT, on the part of DOT. Congress has probably already legislated against the "argument" being made by DOT, which is why DOT doesn't want to see the details of the "argument" behind the bald claim because they know they are violating the law.
itfq ptevj wrote on September 4, 2007 10:51 PM:The Bushit criminal enterprise is clearly about doing as much damage as possible to the regulatory system built over the last 60-plus years. All in behalf of those needing the regulation for the protection of the majority of US citizens from those lawless predators.
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