White House invokes executive privilege on EPA investigation regarding California's vehicle emission standards

"I don't think we've had a situation like this since Richard Nixon was president," Rep. Henry A. Waxman said yesterday after the Bush administration invoked executive privilege to refuse to turn over subpoenaed documents in an investigation of the Environmental Protection Agency's decision to deny California permission to implement its own vehicle emission standards.

Waxman (D-Beverly Hills) was referring to the fact that the House Oversight and Government Reform Committee was deciding on whether to bring contempt-of-Congress proceedings against EPA Administrator Stephen L. Johnson and Susan Dudley, administrator of regulatory affairs in the White House Office of Management and Budget, for refusing to honor the subpoena.

In asserting executive privilege in the EPA inquiry, the administration made public a copy of a letter sent to the president by Atty. Gen. Michael B. Mukasey saying that releasing internal documents "could inhibit the candor of future deliberations among the president's staff."

EPA spokesman Tim Lyons said the agency had provided the committee with more than 7,000 documents and devoted 2,200 hours of staff time to responding to requests for information, and he called it "disappointing" that the committee had decided to "politicize environmental regulations."

"We don't know whether this privilege that's being asserted is valid or not," Waxman said yesterday, and he is deciding what the committee's next move will be.

-- Tony Pierce

Photo: Getty Images

Comments

[Strange Proportion]

You know that one guy at work who always tells the same joke? If the executive privilege thing were a joke, the White House would be that guy. But it's not funny anymore. Never was.

[Nick]

Executive privilege is starting to look like the 5th amendment - you have the right to claim it but it sure doesn't look good. What deliberations could possibly be so secret ABOUT OUR ENVIRONMENTAL POLICY that we need to ensure future privacy........ doesn't make sense at all.

[Bo]

George W Bush is a criminal and belongs behind bars.

[Atomic War Baby]

What intrigued me about George Dubya Bush, when reading Molly Ivin's book about him before the 2000 Presidential Election, was the fact that he had a little SISTER who died when she was just a child, after fighting a losing battle with Childhood Leukemia, and how it affected him & his family.

Dubya is a Puzzling paradox when it comes to his attitudes toward the Environment & pollution. Despite losing his SISTER to a form of Cancer linked to environmental pollution, he uses every tool in his Arsenal as President to protect the Polluters from any any kind of stricter, more effective regulation by Congress or the E.P.A,

Bush's tiny brain should be able to understand that children's health in California will improve, if they don't have to breathe Air filled with toxic chemicals from dirty car exhaust pipe emissions!

I saw a T.V. commercial for St. Jude's Children's Hospital, & it featured a little girl who was bravely fighting a rare form of childhood cancer. St. Jude's Hospital is devoted to treating children with childhood cancer & doing research into better treatments promoting research into better treatments or a cure.

Former Vice President AL GORE also lost a Sister, to Lung Cancer, & during the 2000 Presidential Race, Vice Pres. Gore often spoke about his Sister, how her death affected him & his family.

He said because of his sister's suffering & death, he would as President focus on the issue of smoking. Since Bush became President instead of Gore, the former Vice President has become a modern "NOAH" while Bush has become practically a pariah among groups who care about God's creation & don't want to see it ruined by pollution & climate change.

As President, Al Gore would have tried to solve problems like dirty car exhaust pipe emissions that spew toxic poisons into the Air. So will Barack Obama.

As President George W. Bush says he would rather watch Baseball on T.V. & eat Pretzels.

Countdown to Clean Air in California '09!

[Dan]

"could inhibit the candor of future deliberations among the president's staff."

And being truthful to the American people...not that there has been candor anyway.

[Kevin Ellenberger]

W is what W is. He was elected to a second term eventhough everyone knew what to expect. We only have ourselves to blame for W. We tried to turn things around two years ago by giving control of Congress to the Democratic Party. They have been ineffectual. They flop around like a castrated whale on the beach. Why is everyone afraid to take this White House to task? If government in the good 'ole USA does not improve; if we cannot start to rise above self interest, money, and politics; if representatives do not start working for good, effective government; I am going to vote with my feet.

[keith]

I'm not a dubya fan, but Waxman is simply on a witch hunt. This guy is wasting more tax dollars pursuing crap like this and is one of the problems in Washington.

[D Miner]

Bush equals Nixon x 10.

[Unaccountable]

I am sure California's ability to reduce emissions is linked to your personal safety. If Iranians see the plans for an extra catalytic converter, they will surely use it to attack innocent Americans. This use of executive privilege is just another example of the white house keeping you safe.

[Fed Up]

If government is honest, there is virtually no need for this type of secrecy. This administration has either forgotten who they work for, or are just common criminals.

[rudya]

I can only hope that criminal charges will be brought against Bush at some future date and then the country will wake up from its deep sleep and see just how badly our nation has been raped in the last 8 years.

[Bane]

It's obvious what the White House is really interested in protecting each time it invokes this so called Executive Privilege clause- its behavior is plainly criminal and makes a mockery of our government and our Constitution. Now the question is, who is going to be brave enough to take them to task for it? I fear that Dubya and his cronies are going to get away scott free despite everything.

The sad part is that this is the kind of behavior I've come to expect from our Executive branch now- it doesn't surprise me in the least. I hope that we will at least, in the coming years, come to understand in hindsight the despicable policies and moral outrages committed by the Bush administration, and that history represents Bush as he is- the worst President in our nation's history.

[Richard Brinton]

Atomic War Baby:
Bush doesn't care about children's health, in California or Iraq or anywhere else.
He is more evil than stupid, and deserves to experience the consequences of his bloody actions.
The war criminals must be held accountable!
from Salinas, Calif. usa

[Barbara Kilpper]

Why do we keep putting up with this insanity? Why don't people revolt and storm the White House? How could he be any worse? I'm so angry every day about his selling out of the environment that I absolutely don't know what to do. I can only hope that Obama gets elected and reverses some of the damage this idiot has done and continues to do every day.

[Hor-he Busch]

Not Bush's fault. His brain has been spoiled by the environmental pollution and all the alcohol and smoke he had. He is too stupid, and Americans are more stupid to elect? him. Lets have another one (McCain), senile this time.

[Gary M.]

What you don't realize is the standards are way beyond what the auto makers can do right now. But you won't...what Calf. should do is pass the law, and then all the auto makers will just stop delivery to the entire state, and the state will be required to update all existing cars and trucks to their heats content. Good luck, if there are enough of you left after the fires burn out you state because the environmentalists outlaw clearing brush and other dead fuels. Good thinking!!

[data]

When Bush figured out that he was not going to be impeached the safeties all got turned off. He knows he's hated, he doesn't care. Now he knows there is no consequence. Pelosi is and was a poor choice for speaker. She's simply not very bright.

[Gary M.]

What you don't realize is the standards are way beyond what the auto makers can do right now. But you won't...what Calf. should do is pass the law, and then all the auto makers will just stop delivery to the entire state, and the state will be required to update all existing cars and trucks to their heats content. Good luck, if there are enough of you left after the fires burn out you state because the environmentalists outlaw clearing brush and other dead fuels. Good thinking!!

[The Ghoul we call President]

Isn't it obvious, folks? The Bush Cheney crime organization will do anything to hide its blatant crimes against our country. These traitors need to be arrested, tried, and imprisoned. Period. Until then, we have lost all credibility as a responsible nation.

[skst]

I agree with everything Atomic War Baby had to say. Executive Privilege should be just that, a "P-R-I-V-I-L-E-G-E" used only when the situation is dire and, (if the protected information were revealed), it would compromise the life and liberty of our citizens. The E.P.A. is in charge of keeping our environment safe so the health of our citizens is NOT dire or becomes compromised... due to backing powerful lobbyists over protecting our right to clean air, water, and a non-toxic environment. I have a question. Is George Bush REALLY a Christian? I have read a lot about Jesus and Jesus would care for the environment. Jesus would NEVER start a war - he stopped an angry crowd from casting the first stone... Jesus sat down with the lepers and outcasts of society. Jesus would love all citizens of the earth and stand up for them - including gay people. Is there ANYTHING Christlike about George W. Bush? Did he just claim to be a Christian to win votes? Have all the Republican Christians who voted for him been DUPED? He just is about the worst human being to have ever resided in the Oval Office and seems really to be following Satan - out to destroy everything he touches. Maybe he IS a Christian but, doesn't follow the teachings of Jesus at all...

[Fubar4Fun]

To Bo: Elected officials are innocent until they commit trreason or a 2/3s public opinion says otherwise. You are the only one here to say so.

To Nick: Every elected official is guilty as soon as they hear the secrets of their office. So yes to withold the information is double jeopardy...so go get elected and reveal the secrets...dare ya

To Atomic War baby: Check your facts - "...a little SISTER who died ...after fighting a losing battle with Childhood Leukemia...a form of Cancer linked to environmental pollution". Acute leukemia is characterized by the rapid increase of immature blood cells. This crowding makes the bone marrow unable to produce healthy blood cells. Acute forms of leukemia can occur in children and young adults.(Thanks Wiki!) Almost had me convinced until the line, "So will Barack Obama.". You are the weakest link.

Lets be honest, the American people are not stepping up to the plate and the idiots are. I myself would run if I had a couple million to start a campaign. But I have no friends and live a hermits life because I am a conservative. But i still vote! And none of these folk were elected by me....get a clue

[Mimi K]

Now, did you expect anything else from the Bush Administration? Bush is such a crook, and should never have been President in the first place. The man tells so many lies, and they are compacted in such a small brain; that he does not even know the difference.
Cannot wait for the day, that all of the Bushs' get behind the bushes, where they belong.

[Jim H]

The Atomic War Baby say President Bush has a small brian yet AWB does not even know when to use capital letters.

Ignorance on display by a liberal yet once again.

[Richard M. Breidenthal]

I don't understand why it is that a sexcapade will get you impeeched, but you can invade countries, give gov't contracts to your friends, have a get even policy where you even out a CIA agent, and so many other dirty illegal tricks that are too numerous to count and NOT get impeeched.

If the Congress does not change their ways in the future there WILL be some kind of revolution. Ten percent (10%) of the people have 90% of the wealth, and 90% of the people have 10% or the wealth. NOW if that is not a condition which cannot last without civil disobedience or more I have not read my history correctly. George Bush and Dick Cheney of Oil Rich Texas have submarined the government. The dollar has fallen, jobs have been sent overseas by congress, and salaries have lost their value.

Richard M. Breidenthal, a 49 year resident of Los Angeles now living in Missouri.

[Bart]

Bush is a criminal and his administration is a criminal operation. They broke the FISA laws. They blew the cover of Valerie Plame. General Tuguba has stated Bush committed war crimes. They ignore subpoenas and the attorney general won't enforce Congressional subpoenas. Executive privilege used to be a limited privilege the executive branch asserted in matters of national security. Now, Bush uses it to block investigations into the EPA and to protect political advisers like Karl Rove. It's outrageous.

These people deserve to be thrown in jail and tried for treason. We are way past what's needed for impeachment. Bush has completely dishonored his constitutional oath and is a domestic enemy.

I have no doubt these scoundrels will commit election fraud or worse to try to elect McCain. They need someone who will continue to block investigations and shield them from the rule of law to keep them out of prison.

They should send the Sergeant-At -Arms to the White House and haul Bush into Congress to stand trial for treason. Write your congressmen and tell them to do something to stop this criminal now.

[John Bailo]

Henry Waxman? Oh yeah, the guy who has been blocking mass transit in Beverly Hills for decades. And by the way, what is the average "energy efficiency" of homes in 98210? And how many cars per person does Waxman's constituency have? And how big are each of them? And...can you say "Libocrite"?

[Liquidity]

1. Any decision that says California is subject to the same Federal laws and regulation as the rest of the country is a good one.

2. Waxman is a partisan jacka$$ with the assigned mission of fabricating the appearance of scandal to Democrat advantage during an election year. It would be nice if your erstwhile reporter, rather than merely quoting Waxman's brayish sound bite, were to do some actual work on the "story" in the tradition of professional journalism. For example, he might of determined what documents were requested in Waxman's subpoena, which have and have not been delivered. Having done so, he might have evaluated the legitimacy of Waxman's demand for those that have not been delivered and provided some evaluative opinion of whether Waxman's efforts are legitimate Congressional oversight or more in the category of political harrassment. Such an effort would be called journalism. This piece barely qualifies as spin.

3. Notes of discussions and correspondence between the President's staff are and should be covered by executive privilege and Congress once respected this boundary by seldom asking for that which they were not entitled. Now, all a grandstanding Congressman like Waxman has to do is to demand information to which he or she knows he is not entitled, and when the information is refused, call his neighborhood spinmaster.

4. Had your "reporter" actually done journalism rather than spin, I might not have like to hear what he had to say, but I would have respected it. But by combining being partisan with being lazy, he has denied the public an opportunity to be informed. He has similary denied his constituents an opportunity to read a piece titled "California Congressman wastes taxpayer money harassing lame duck President." Puff pieces like this are an embarassment.

5. The ultimate embarassment is that the closing quotation from Waxman passes unchallenged. The fact that Waxman "does not know" is why it is called Executive Privilege. The second Waxman himself is in a position to pass judgment on "validity", executive privilege no longer exists.

[Paul Stewart]

This is just to hide the truth, which is that the White House directed this whole thing. I can't imagine it otherwise. Environmental issues a secret? Yea right.....

[BobB]

I'm glad to see that the President is standing up to those morons in Congress.

[Rich]

Whatever :roll: Read what you will about this, it's just more Democratic politics, I guess the writer didnt read the statemt "The agency had provided the committee with more than 7,000 documents and devoted 2,200 hours of staff time to responding to requests for information". Uh yeah.

Heny Waxman is a piece of garbage demagogue, and this is just more typical "I hate George Bush" politics. Get a life.

[cody mccall]

This type of contemptuous and contemptible behavior won't stop until next January. I doubt there's anything really effective Waxman or anybody else can do to force the loyal Bushies to comply with Congressional demands. By the same token, I don't know what THEY can do to California if it decides to go ahead with their emissions standards. If I were The Gubornator, I'd do what was best for California--and this country--and screw the Bushies.

[gbc]

"The Atomic War Baby say President Bush has a small brian yet AWB does not even know when to use capital letters.
Ignorance on display by a liberal yet once again.
Posted by: Jim H | June 22, 2008 at 10:13 AM"

Jim, the word is spelled B - R - A - I - N.
Pot, meet Kettle. Kettle, Pot.

[Bob Davey]

Angry as hell! Bush has turned the EPA into the exact opposite of it's original purpose. It is now the "Anti-Environment Protection Agency".He is "dictating" to OUR state that WE cannot have cleaner air. It is an "order" from OUR president. I think California should see this for the "oppression" this so obviously is, tell him where he can stick it, and continue on with the process of making OUR state a cleaner place to live for all of us. Also,our governor needs to step in and speak out, RATHER LOUDLY, about this issue.
There needs to be an organized and unified movement to remove this arrogant political "pirate" from his high horse but as of yet, there is none. That's the only way he's ever going to pay for the damage he's inflicted upon OUR "justice system", OUR country and OUR environment. Individually, we can only be angry and that's just not enough.

[John H Kennedy]

Why doesn’t Obama CALL FOR IMPEACHMENT HEARINGS?

“Obama said there is “little doubt” that the Bush Administration, with the cooperation of major telecommunications companies, “has abused [its] authority and undermined the Constitution”

OK… SO WHY THE HELL HASN’t OBAMA Called for the Democratic Congress to live up to their Oath to Protect Our Constitution
AND AT LEAST HOLD IMPEACHMENT HEARINGS BEFORE THE ELECTION?

I am a 43 yr Democratic Voter and Obama delegate

BUT I AM STARTING TO GET ANGRY……………………………………..
Currently my anger is directed to our Congress……………………

CONGRESS NEEDS TO
HOLD IMPEACHMENT HEARINGS
NOW!!!!

[Terry Hughes]

"You know that one guy at work who always tells the same joke? If the executive privilege thing were a joke, the White House would be that guy. But it's not funny anymore. Never was."

Executive privilege is an essential and valid constitutional doctine asserted by every single president and recognized repeatedly by the Supreme Court - just like the First Amendment protection of free speech. Is the media's repeated assertion of First Amendment protection also "a joke" that is not funny anymore and never was? Only a simple minded idiot thinks (and only a charlatan knowingly asserts) that the presidency or the federal government as a whole could continue functioning without broad executive privilege. Which is Waxman: Idiot or charlatan? Does it matter?

you really should figure out where you stand. you complain when people talk about states' rights and complain when states' rights are abridged. pick a side.

[Bob Davey]

We spend thousands of taxpayer dollars and countless manhours to acquire knowledge about how pollution is affecting our health and our environment. Then our president attempts to lock it away in a vault somewhere so nobody can ever find it. He really is quite a patriot, isn't he?
Don't blame Henry Waxman, he's just doing what any other public official would and should do. He asked for the information so his committee could make some intelligent decisions based on the facts contained in these documents. (ALL of these documents). These are environmental issues that affects 36 million people in our state, not a Henry Waxman issue.
And I agree with the guy angry at congress for not starting impeachment proceedings. You hit the nail on the head.
Obama has a golden opportunity to step up to the plate and rally lackluster democrats into action. He talks "change", he needs to "act" cange.

[Big Daddy]

"Heny Waxman is a piece of garbage demagogue, and this is just more typical "I hate George Bush" politics. Get a life."

Come out to California and tell us about it. Given your level of intelligence, I doubt if you could find it on a map.

[Alyssa]

Tactical genius, the White House has load of methods of dealing with bad news that are bordering on the brilliant: http://www.236.com/news/2008/06/25/the_white_house_is_rubber_ever_7365.php

The US Congress, (made up mostly of bleeding heart liberals) has the worst approval rating in history and it hasn't reached bottom yet and here they are attempting to be the answer for all that ails America. Every time the libs open their mouth the ratings plummet even more. Wake up libs the answer is not bigger government and bigger government is attached to all that you propose.

[James]

I read a couple of comments and it seems to be that all you people want the air to be cleaner, but I am willing to bet that none of you are willing to foot the bill for such an action. Are you willing to pay even higher fuel prices than you currently pay? Are you willing to pay to have the poorer families, who are driving these polluting cars, provided with new cleaner cars? If the people of California want to make these changes allow them to do it without federal money. See if the tone doesn't change then.

[Rod]

My greatest concern for our country is something that my college undergrad World History teacher said, "there is one guarantee in the cycle of governments and that is that every civilization has followed the same cycle. A democracy always falls from within itself through corruption taxes and loss of leadership concern." He really said this and I have never forgotten it. All over the internet there are forums with comments about Democrats - liberals who offer freebies for all and grab up any special interest group's banner; and the Republicans who cater to big business and their needs. Sadly that is the picture but the REAL truth is that THEY BOTH are our government and they pat each other on the back and work together and one administration feeds the next etc. Just look at the No Child Left Behind Act. Everyone blames Bush but if you put the bigger puzzle together you will see that nearly every part of the plan comes from the Improving Americas Schools Act of 1991/2 that mandated a plan of implementation be for the next administration. It included the AYP and so many of what people hate Bush for yet the root plan came from Clinton and Kennedy endorsement. This is what I mean. It is THE GOVERNMENT that is implementing these things not one side or party. Everyone is divided carrying on about this party's stupidity while our leaders retire in their own pension plan and benefits package apart from the people they serve. Does this sound like France before their Liberte? The government has lost touch of its people and the people are insensitive and fighting over whose party is better when neither one is true. I care about our country. The corruption of leadership makes it difficult to have any real hope for change. People say that what leaders(people) do in private is irrelevant- even a child's guilt knows that is a lie. We have accepted relativism as our philosophy so there is no standard for right or wrong. To each his own belief, no commonality. We have foreigners in our country breaking our laws - illegals and religious people murdering their daughters if they date white infidels and and some Americans standing up for them in their wrong saying its ok? What my teacher said many years ago is true and it is frightening to see.