Bush Refuses To Release EPA Documents

Executive Privilege Cited Again Over Papers Tied To Administration's Air Quality Policies

(AP)  President Bush asserted executive privilege Friday to withhold documents from a congressional investigation into whether he pressured the Environmental Protection Agency to weaken decisions on smog and greenhouse gases.

White House officials notified a House committee of the rare assertion about 15 minutes before the committee was to vote on holding the head of the EPA and a White House budget official in contempt of Congress for not providing the documents.

The committee's chairman, Rep. Henry Waxman, D-Calif., then canceled the vote while expressing skepticism over the privilege claim.

"I have a clear sense that their assertion of this privilege is self-serving and not based on the appropriate law and rules," Waxman said from the dais of the House Oversight and Government Reform Committee hearing room.

"I don't think we've had a situation like this since Richard Nixon was president when the president of the United States may have been involved in acting contrary to law, and the evidence that would determine that question for Congress in exercising our oversight is being blocked by an assertion of executive privilege," he said.

Waxman said he wanted to review Attorney General Michael Mukasey's rationale for the executive privilege claim before deciding what to do next. He said he would not abandon his attempts to get what he wants from EPA Administrator Stephen Johnson and Susan Dudley, administrator for information and regulatory affairs at the White House Office of Management and Budget.

Executive privilege, while not explicitly mentioned in the Constitution, is grounded in the constitutional doctrine of separation of powers and is sometimes invoked to keep executive branch deliberations private.

Mr. Bush has also asserted executive privilege to keep his chief of staff, Josh Bolten, and former White House counsel Harriet Miers from having to provide information to Congress about the firing of a group of U.S. attorneys in what Democrats consider a political purge.

In February the Democratic-led House voted to hold Miers and Bolten in contempt of Congress despite the assertion of executive privilege. When Mukasey refused to refer the contempt citations to a federal grand jury, the House Judiciary Committee sued in federal court to enforce them, arguing that Bush was making an overly broad use of executive privilege.

Waxman contends the White House intervened with EPA to produce more industry-friendly outcomes in setting new smog standards and denying California and more than a dozen other states permission to cut greenhouse gas emissions from cars and trucks.

EPA and White House officials have turned over thousands of pages of documents in response to Waxman's subpoenas, but Waxman contends they are keeping back some that would clearly reveal President Bush's role.

These include documents about Mr. Bush's participation in the smog decision, talking points on the smog rule for Johnson to use with Mr. Bush, and communications about preparing talking points for Mr. Bush to use in discussing the greenhouse gas waiver with California Gov. Arnold Schwarzenegger.

These documents and others are referenced in a June 19 letter from Mukasey to Mr. Bush supporting a claim of executive privilege to block their release. The letter was provided Friday to Waxman's committee.

"I believe that publicly releasing these deliberative materials to the committee could inhibit the candor of future deliberations among the president's staff in the (Executive Office of the President) and deliberative communications between the EOP and executive branch agencies, particularly deliberations concerning politically charged issues," Mukasey wrote.

"Accordingly, I conclude that the subpoenaed materials at issue here fall squarely within the scope of executive privilege."

A congressional committee can overcome an executive privilege claim if the documents in question are critical to fulfilling its functions, Mukasey said, but he argued that's not the case here. He cited the many documents Waxman already has received and the conclusions he's been able to draw from them.

On the smog issue, EPA and White House officials have acknowledged that only hours before the rule was announced in March, Bush intervened directly on behalf of White House staff who opposed a tougher standard to protect the environment from smog.

On the California greenhouse gas issue, Waxman's committee staff produced a report last month concluding from interviews with high-level EPA officials that Johnson initially supported giving California full or partial permission to limit tailpipe emissions - but reversed himself after hearing from the White House. Waxman contends such intervention by the White House could be illegal since the outcome, according to Waxman, runs contrary to the Clean Air Act.

More than a dozen other states were also blocked from implementing the tailpipe emission limits after Johnson rejected California's request for a required federal waiver in December.

[yongamerica]

How long can executive privilege be used to hide criminal evidence? This is a huge loophole in justice system.

[luvusa]

Who cares! Name me a president, in the past century, who hasn''t cited executive privilege...some way more controversial than this. Look into Clinton''s...need I say more.

[azmka]

I''m so sick of bush and his"executive privilage" that''s just a nice term for "I don''t have to follow any of the laws or rules that everyone else has to"

I''d love to see a pint of crude oil shoved down that lying aholes throat. And this coming from a once proud Republican!

[noloyalisti]

Can''t we just throw his sorry ignorant butt in jail already before he hurts anyone else? The heck with due process of law, he obviously doesn''t believe in it.

[impeach_w]

How much COke do you think W and Jeb did? obama couldn''t afford it most of the time! W and jeb met barry seals Plane!

I Hate Bush and dont support obama or mccain

[aldon61]

Shrub being caught UPHOLDING a Law would be News....
this is just another day in the life of the Bush/Cheney Crime Cartel......


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Posted by vnveteran72 at 08:33 PM : Jun 22, 2008

Right on buddy..right on!

[jkhagemann]

****READ THE BOOKS BEFORE YOU VOTE!!!**** Posted by TruUSA at 01:28 PM : Jun 23, 2008

TrueUSA... nobody cares what you think! Crawl back in your hole like a good little bookworm!

[jkhagemann]

Obama''''s people don''''t want you too.
But don''''t listen to them. Find out the truth for yourself.




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Posted by TruUSA at 01:28 PM : Jun 23, 2008

TrueUSA... nobody cares what you think!

Crawl back in your hole like a good little bookworm.

[vnveteran72]

Don''t expect the Bush/Cheney Crime Cartel to walk away from a Bottomless Well of Money. Look instead for a "National Emergency", in which Shrub has ALREADY Granted himself Total Dictorial Powers over our Nation. It''s going to happen, and it won''t be long now......(If you liked 9/11, you''re gonna LOVE this next One)....."Operation Enduring Reich"....

[impeach_w]

FOR ALL THOSE WHO CAN''T WAIT FOR W & Co. TO LEAVE. YOU WON''T GET ANYWHERE THIS EPA THING.

IF YOU WANT THEM IMPEACHED-GET THIS STORY TO MAINSTREAM MEDIA AND PUBLIC.


AN IRAN-CONTRA OPERATION, IS OPERATING FROM THE SAME BASES OLLIE NORTH SET UP WITH THE SAME PLAYERS. WE HAVE TROOPS (FIGHTING TROOPS) and A SECRET CIA AIRFORCE in GUATEMALA, NICARAGURA, HONDURAS, EL SALVADOR, ECUADOR, COLUMBIA and BELIZE! THE CIA IS SMUGGLING DRUGS AND WEAPONS YET AGAIN!

Please Look it up yourself this has some info: http://www.madcowprod.com/index.html

[ianlou]

"212 days and counting until this criminal''''''''s moving van leaves the White House." Posted by RemyO

When the van pulls out I think we should go in and dust the place for prints.

[ianlou]

Bush reminds me of a six year old who refuses to empty his pockets.

[brianbwb-2009]

"212 days and counting until this criminal''''s moving van leaves the White House." Posted by RemyO

And let us work tirelessly to have it''s destination be Ft. Leavenworth prison. We might not impeach, but we cannot let these people walk away with the money they have stolen, at the cost of our childrens'' lives.

[longduck69]

The Fuhrer strikes again! Heil Bush!

[remyo-2009]

What in the hell does Senator Obama have to do with Bush''s criminal acts? Stop with the deflection tactics and stick with the subject at hand!!

[remyo-2009]

TruUSA,

Cut the fearmongering! You are an ignorant, petty fool. None of that bull dung is in either book. You just stepped in it!

[remyo-2009]

212 days and counting until this criminal''s moving van leaves the White House.

[aznyron-2009]

thank God he has only 6 months left to serve
he is a disaster and the American people are at fault for voting this man in office we should have and could have done better with the other choices we had

[mrright5]

Well, there is our answer, if he wont release the papers then it is simple he is guilty, as someone who has nothing to hide would release them...

Freedom of information not allowed here eh.. One rule for some and another rule for others, yep sure is a free country eh..

Sorry America, just like other white countries you are being slowly changed.. it is all the white countries who have to take in people from nations who will not intergrate, only the white countries and they keep the infomation on that quite also.. they silence us by using words like, racist, biggots, discrimination and now places like Britain are so over run by people of other colors and it has become so bad and in many places to dangerious for the whites that the British people are leaving like flies.



Posted by Gaye5 at 07:13 PM : Jun 22, 2008

INTERESTING POST

THE TWO PARTY SYSTEM IS IN FULL MELT DOWN MODE

[dobbershome]

History will show that this is the greatest king , oops I mean president ever.