White House Adds Bricks to Its Congressional Stonewall

The Bush administration's pattern of doggedly withholding information from Congress seems to have garnered national attention as congressional oversight on critical issues has accelerated. The White House has refused to provide copies of internal legal documents regarding warrantless domestic spying by the National Security Agency (NSA), communications detailing when the administration learned of potential wide-spread damage from Hurricane Katrina, and information, including photos, related to the president's dealings with disgraced lobbyist Jack Abramoff. The White House has even blocked key administration officials from testifying before Congress. Stonewalling on Katrina Committees in both the House and Senate are investigating exactly what went wrong in the preparation for and response to Hurricane Katrina. Determining the timeline of what officials knew and when they knew it, relative to actions taken, is essential to that investigation. The Bush administration, however, has refused to disclose relevant communications and has prevented key officials, like Homeland Security Advisor Frances Fragos Townsend and Chief of Staff Andrew Card, from testifying before Congress. The Senate Committee on Homeland Security and Government Reform submitted a document request to the White House seeking information on those in charge of the emergency relief effort and federal actions taken. Sen. Lieberman (D-CT), ranking member of the committee, told colleagues during the opening round of investigative hearings that the White House "has produced a very small portion of the documents we requested." Moreover, Lieberman explained that the Department of Health and Human Services has not responded to requests to be interviewed, and the Department of Homeland Security significantly delayed such requests. Additionally, Michael Brown, the former head of the Federal Emergency Management Agency (FEMA) who resigned amid public criticism of qualifications for and competence in the position, refused to disclose if he had spoken with either the president or vice president during the Katrina disaster. Such an uncooperative and secretive White House has made it nearly impossible for Congress to exercise effective oversight of the federal government's preparedness, whether in response to natural disaster or terrorist attack. The White House claims that it must protect the confidentiality of presidential advisors. Confidentiality, however, should not be allowed to obstruct Congress in performing its duty to ensure that American lives are protected and effective emergency systems are in place. Stonewalling on Domestic Spying On Feb. 6 the Senate Judiciary Committee began hearings on the NSA's warrantless domestic spying program, under which phone calls and email communications between U.S. citizens and people in certain Middle Eastern countries were monitored without obtaining a secret court order as prescribed by law. The committee is attempting to determine if the administration's actions were legal and if congressional action is necessary, either to reform the program or modify existing law to allow for its continuation. Members of the Senate Judiciary Committee requested disclosure of communications between the White House and the Justice Department and documents regarding the program's creation and legal justification. The White House has refused this request, claiming that such information would not expand on the information already available (including the Justice Department white paper on the program). Reports have emerged, however, that there was uncertainty about the program's legality within the Justice Department. The New York Times, for instance, reported that the surveillance program was suspended for a brief period due to these concerns. Sen. Arlen Specter (R-PA), chairman of the Senate Judiciary Committee, has called for a fuller explanation of how the White House believes that the NSA program is in compliance with existing legislation, including the Foreign Intelligence Surveillance Act. Sen. Dianne Feinstein (D-CA) has requested that Specter take all "appropriate steps, including the use of subpoenas," to compel the White House and Justice Department to disclose all legal documents regarding the NSA spying program. Sen. John D. Rockefeller IV (D-WV), ranking member of the Senate Intelligence Committee, reacting to the administration's refusal, stated, "I'm deeply troubled by what I see as the administration's continued efforts to selectively release intelligence information that supports its policy or political agenda while withholding equally pertinent information that does not do that." The effectiveness of the congressional investigation will be limited if the legal documents and other information on the NSA program are not released. Stonewalling on Jack Abramoff Democrats and Republicans have launched efforts to end the "culture of corruption" in Washington, efforts that have picked up considerable steam since the guilty plea by disgraced lobbyist Jack Abramoff. Democrats are now calling on the White House to fully explain the relationship between Abramoff and the executive branch and the president in particular. Democrats, it would appear, have reason to be concerned. One executive branch official, Office of Federal Procurement Policy Administrator David Safavian, resigned last September after being indicted on three criminal charges brought by the Justice Department relating to obstruction of the federal investigation into Abramoff's dealings with the federal government. Accordingly, Democrats have requested information about other relationships Abramoff had with senior executive branch officials and have also sought photos of President Bush with Abramoff. The White House has refused to provide any of the information requested by the Democrats. Conclusion Essential to our system of checks and balances is Congress' oversight authority that ensures the government, and the White House in particular, is performing adequately. In order to exercise this oversight, Congress and the American people need access to information regarding White House actions. Openness is a prerequisite to a functional federal government and a safe American public--whether responding to natural disasters such as Hurricane Katrina, ensuring that constitutionally protected civil liberties and the balance of powers are respected as in the case of the NSA domestic spy program, or tackling corruption as embodied by the Abramoff scandal. The Bush administration with its "trust us" mind-set has shirked accountability that responsible leadership should readily accept.
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