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Non-Tech : The ENRON Scandal -- Ignore unavailable to you. Want to Upgrade?


To: Mephisto who wrote (2038)2/1/2002 7:31:22 PM
From: Mephisto  Respond to of 5185
 
Cheney's stonewall not sound
The Boston Globe
By Jules Witcover

"The snoop demanding access to the whisperings in the
Cheney energy speakeasy is the General Accounting
Office, the bipartisan and generally esteemed creature of
Congress. After more Cheney stonewalling on Sunday's
television talk shows, GAO director David Walker has said
he intends to take the Bush administration to court - the
first time such a drastic step has ever been taken by the
agency. "


Originally published Jan 30, 2002

WASHINGTON - In the emerging Enron scandal,
the White House has made itself a target by
asserting executive privilege to shield the inner
workings of Vice President Dick Cheney's task
force that last year shaped President Bush's
energy policy. But there is plenty of precedent for
doing so.

Through the years, White House privacy claims for secret
meetings and conversations have been invoked by
Republicans and Democrats alike in fending off prying
eyes and ears. Administrations of both parties have
justified business done in private as imperative to ensure
that presidents and their chief subordinates receive
candid counsel from those called to advise them.

What sets apart the current attempt to protect the privacy
of Mr. Cheney's task force is that the folks seeking access
are not of the same cloth as the probing Democrats of the
Watergate scandal or the Republicans hot on the trail of
Bill and Hillary Clinton in the Whitewater affair.

The snoop demanding access to the whisperings in the
Cheney energy speakeasy is the General Accounting
Office, the bipartisan and generally esteemed creature of
Congress. After more Cheney stonewalling on Sunday's
television talk shows, GAO director David Walker has said
he intends to take the Bush administration to court - the
first time such a drastic step has ever been taken by the
agency.

Coming in the midst of the multiple Enron investigations
in Congress, which inevitably will have partisan
colorations, the nonpartisan GAO quest just as inevitably
raises suspicions that the Bush administration has
something to hide about what Enron representatives said
to Mr. Cheney and aides then formulating the nation's
energy policy.

The invoking of the privilege is in itself nothing unusual.
Long before Richard Nixon resorted to it in his eventually
futile effort to cover up the Watergate scandal, other
presidents and aides were using it, and afterward as well.
Less than a decade ago, the Clinton administration
effectively resisted efforts to open secret task force
meetings by First Lady Hillary Clinton at which her
husband's health care proposal was crafted.

In that case, health care professional and consumer
groups sought to let the light of day in by arguing in court
that since Mrs. Clinton was not a government official, only
the wife of one, executive privilege could not be used to
keep her task force doings in the dark. The pertinent law
stipulated that any meeting involving non-government
people had to be open.

The Association of American Physicians and Surgeons and
health care consumer groups complained that health
maintenance organizations and insurance companies were
involved in making health care policy in the task force,
just as energy consumers now allege that giant energy
corporations such as Enron had their heads in Mr.
Cheney's task force tent.

In the Clinton task force case, lawyers for the
administration argued that the health care plan was
devised by "an amorphous horde" of more than 500 people
operating in "creative confusion" and therefore was not a
formal advisory committee under obligation to release its
working papers or records.

The comment inspired a lawyer for the petitioners to
respond: "This was not some amorphous horde. Ant
colonies and bee colonies sometimes look like a horde, too.
But they follow a system. They follow their queen. Here it
is absolutely no different."

Over the next two years, the courts ruled for and against
the petitioners a couple of times, and in 1998, a judge
ordered the Clinton administration, Mrs. Clinton and Ira
Magaziner, an aide who oversaw the task force, to pay
nearly $286,000 in medical and legal fees. But that
finding, too, was thrown out.

If President Bush had had the benefit of hindsight, he
might have been wise to follow Bill Clinton's example and
put his wife, Laura, who apparently has no aspirations to
be a government official, in charge of the energy task
force. But he didn't, and so Mr. Cheney as the man in the
hot seat has no easy dodge.

Defenders of the president in the Enron matter have been
able to cite his subordinates' refusal to help the Houston
firm when approached, and to dismiss the case as a
corporate, not a political, problem. But if his
administration through Mr. Cheney continues to stonewall
the nonpolitical GAO, he is likely to find it otherwise.

Jules Witcover writes from The Sun's Washington bureau.


Copyright © 2002, The Baltimore Sun

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