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Context of 'March 6, 2002: Schlafly: US People ‘Do Not… Tolerate Government by Secrecy’'

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Henry ‘Scoop’ Jackson.Henry ‘Scoop’ Jackson. [Source: US Congress]The recently formed neoconservatives, bound together by magazine publisher Irving Kristol (see 1965), react with horror to the ascendancy of the “McGovern liberals” in the Democratic Party, and turn to conservative senator Henry “Scoop” Jackson (D-WA) for leadership. Jackson calls himself a “muscular Democrat”; others call him “the Senator from Boeing” for his strong support of the US defense industry. Jackson merges a strong support of labor and civil rights groups with a harsh Cold War opposition to the Soviet Union. Jackson assembles a staff of bright, young, ideologically homogeneous staffers who will later become some of the most influential and powerful neoconservatives of their generation, including Richard Perle, Douglas Feith, Elliott Abrams, Abram Shulsky, and Paul Wolfowitz. Jackson’s office—“the bunker,” to staffers—becomes a home for disaffected, ambitious young conservative ideologues with a missionary zeal for change. Jackson presides over the cadre in an almost fatherly fashion.
History of Two Dictators - Many of Jackson’s neoconservative disciples came of age either fighting two foreign dictators—Stalin and/or Hitler—or growing up with family members who fought against them. [Unger, 2007, pp. 35-41] Wolfowitz’s father’s family perished in the Holocaust; he will later say that what happened to European Jews during World War II “shaped a lot of my views.” [New York Times, 4/22/2002] Feith will tell the New Yorker in 2005, “[My] family got wiped out by Hitler, and… all this stuff about working things out—well, talking to Hitler to resolve the problem didn’t make any sense.” Most neoconservatives like Feith and Wolfowitz tend to look to military solutions as a first, not a last, resort. To them, compromise means appeasement, just as Britain’s Neville Chamberlain tried to appease Hitler. Stefan Halper, a White House and State Department official in the Nixon, Ford, and Reagan administrations, will say of the neoconservatives, “It is use force first and diplomacy down the line.”
Former Trotskyites - On the other hand, many neoconservatives come to the movement from the hardline, socialist left, often from organizations that supported Bolshevik revolutionary Leon Trotsky (see Late 1930s - 1950s). Trotskyites accused Stalin of betraying the purity of the Communist vision as declaimed by Karl Marx and Vladimir Lenin. “I can see psychologically why it would not be difficult for them to become [conservative] hard-liners,” says Harvard Sovietologist Richard Pipes, himself a hardliner whose son, Daniel Pipes, will become an influential neoconservative. “It was in reaction to the betrayal.” Many neoconservatives like Stephen Schwartz, a writer for the Weekly Standard, still consider themselves to be loyal disciples of Trotsky. Richard Perle is a Trotskyite socialist when he joins Jackson’s staff, and will always practice what author Craig Unger calls “an insistent, uncompromising, hard-line Bolshevik style” of policy and politics. Like Trotsky, Unger writes, the neoconservatives pride themselves on being skilled bureaucratic infighters, and on trusting no one except a small cadre of like-minded believers. Disagreement is betrayal, and political struggles are always a matter of life and death. [Unger, 2007, pp. 35-41]

Entity Tags: Stefan Halper, Stephen Schwartz, Richard Pipes, Richard Perle, Neville Chamberlain, Abram Shulsky, Douglas Feith, Daniel Pipes, Craig Unger, Paul Wolfowitz, Henry (“Scoop”) Jackson, Elliott Abrams, Leon Trotsky, Irving Kristol

Timeline Tags: Neoconservative Influence

CPD logo.CPD logo. [Source: Committee on the Present Danger]A group of hardline Cold Warriors and neoconservatives revive the once-influential Committee on the Present Danger (CPD) in order to promote their anti-Soviet, pro-military agenda. The CPD is an outgrowth of the Coalition for a Democratic Majority (CDM), itself a loose amalgamation of neoconservatives and Democratic hawks.
Confederation of Establishment Conservatives, Neoconservatives, and Hawkish Democrats - The CPD is led by Eugene Rostow, the head of the CDM’s foreign policy task force. Others include CIA spymaster William Casey; iconic Cold War figure and “Team B” member Paul Nitze (see January 1976 and Late November, 1976); established neoconservatives such as Norman Podhoretz and Team B leader Richard Pipes (see Early 1976); rising neoconservative stars like Jeane Kirkpatrick, Midge Decter, Donald Brennan, and Richard Perle; conservative Democrats such as Nitze and former Secretary of State Dean Rusk; established Republicans such as House representative Claire Booth Luce (R-CT), David Packard, Nixon’s deputy secretary of defense, Andrew Goodpaster, Eisenhower’s National Security Adviser, millionaire Richard Mellon Scaife; and famed military officers such as Admiral Elmo Zumwalt. [Unger, 2007, pp. 58-59; Scoblic, 2008, pp. 99-100]
No 'Realists' - Author Craig Unger will write: “Ultimately, in the CPD, one could see the emerging fault lines in the Republican Party, the ideological divide that separated hardline neocons and Cold Warriors from the more moderate, pragmatic realists—i.e. practitioners of realpolitik such as Henry Kissinger, Brent Scowcroft, George H. W. Bush, and James Baker. All of the latter were conspicuously absent from the CPD roll call.” [Unger, 2007, pp. 58-59]
Advocates US First Strike against USSR - Like the CDM and Team B, the CPD believes that the entire concept of detente with the Soviet Union is an abject failure, and the only way to deal with the ravenously hegemonical USSR is through armed confrontation. Like Team B (see November 1976), the CPD insists, without proof, that the USSR has made far greater strides in increasing the size and striking power of its nuclear arsenal; and like Team B, no amount of debunking using factual information stops the CPD from making its assertions (see November 1976). The US must drastically increase its stockpile of nuclear and conventional weapons, it maintains, and also be prepared to launch a nuclear first strike in order to stop the USSR from doing the same. In April 1977, the CPD evokes the familiar neoconservative specter of appeasement by writing, “The Soviet military build-up of all its armed forces over the past quarter century is, in part, reminiscent of Nazi Germany’s rearmament in the 1930s.” Author J. Peter Scoblic will observe, “The CPD saw itself as a collection of [Winston] Churchills facing a country of [Neville] Chamberlains.” In 1978, the CPD predicts, “The early 1980s threaten to be a period of Soviet strategic nuclear superiority in which America’s second-strike capability will become vulnerable to a Soviet pre-emptive attack without further improvements in US weapons.” [Unger, 2007, pp. 58-59; Scoblic, 2008, pp. 99-100]
Spreading Propaganda - According to a 2004 BBC documentary, the CPD will produce documentaries, publications, and provide guests for national talk shows and news reports, all designed to spread fear and encourage increases in defense spending, especially, as author Thom Hartmann will write, “for sophisticated weapons systems offered by the defense contractors for whom neocons would later become lobbyists.” [Common Dreams (.org), 12/7/2004; BBC, 1/14/2005]

Entity Tags: Nixon administration, Jeane Kirkpatrick, Midge Decter, Paul Nitze, Richard Pipes, Richard Perle, William Casey, Thomas Hartmann, James A. Baker, Richard Mellon Scaife, Norman Podhoretz, Henry A. Kissinger, Eugene V. Rostow, Central Intelligence Agency, Brent Scowcroft, George Herbert Walker Bush, Claire Booth Luce, Committee on the Present Danger, Coalition for a Democratic Majority, David Dean Rusk, Elmo Zumwalt, Craig Unger, Eisenhower administration, David Packard, Donald Brennan, Andrew Goodpaster

Timeline Tags: US International Relations, Neoconservative Influence

A team of young, mid-level CIA and DIA analysts, informally dubbed “Team A,” debates the neoconservative/hardline group of outside “analysts” known as “Team B” (see Early 1976) over the CIA’s estimates of Soviet military threats and intentions. The debate is a disaster for the CIA’s group. Team B uses its intellectual firepower and established reputations of members such as Richard Pipes and Paul Nitze to intimidate, overwhelm, and browbeat the younger, more inexperienced CIA analysts. “People like Nitze ate us for lunch,” recalls one member of Team A. “It was like putting Walt Whitman High versus the [NFL’s] Redskins. I watched poor GS-13s and GS-14s [middle-level analysts with modest experience and little real influence] subjected to ridicule by Pipes and Nitze. They were browbeating the poor analysts.” Howard Stoertz, the national intelligence officer who helped coordinate and guide Team A, will say in hindsight, “If I had appreciated the adversarial nature [of Team B], I would have wheeled up different guns.” Team A had prepared for a relatively congenial session of comparative analysis and lively discussion; Team B had prepared for war.
Ideology Trumps Facts - Neither Stoertz nor anyone else in the CIA appreciated how thoroughly Team B would let ideology and personalities override fact and real data. While CIA analysts are aware of how political considerations can influence the agency’s findings, the foundation of everything they do is factual—every conclusion they draw is based on whatever facts they can glean, and they are leery of extrapolating too much from a factual set. Team A is wholly unprepared for B’s assault on their reliance on facts, a line of attack the CIA analysts find incomprehensible. “In other words,” author Craig Unger will write in 2007, “facts didn’t matter.” Pipes, the leader of Team B, has argued for years that attempting to accurately assess Soviet military strength is irrelevant. Pipes says that because it is irrefutable that the USSR intends to obliterate the US, the US must immediately begin preparing for an all-out nuclear showdown, regardless of the intelligence or the diplomatic efforts of both sides. Team B is part of that preparation. [Bulletin of Atomic Scientists, 4/1993; Unger, 2007, pp. 53-57] Intelligence expert John Prados, who will examine the contesting reports, later says that while the CIA analysts believe in “an objective discoverable truth,” the Team B analysts engaged in an “exercise of reasoning from conclusions” that they justify, not in factual, but in “moral and ideological terms.” According to Prados’s analysis, Team B had no real interest in finding the truth. Instead, they employed what he calls an adversarial process similar to that used in courts of law, where two sides present their arguments and a supposedly impartial judge chooses one over the other. Team B’s intent was, in essence, to present the two opposing arguments to Washington policy makers and have them, in author J. Peter Scoblic’s words, “choose whichever truth they found most convenient.” [Scoblic, 2008, pp. 98]
Attacking the Intelligence Community - The first sentence of Team B’s report is a frontal assault on the US intelligence community. That community, the report says, had “substantially misperceived the motivations behind Soviet strategic programs, and thereby tended consistently to underestimate their intensity, scope, and implicit threat.” Team B writes that the intelligence community has failed to see—or deliberately refused to see—that the entire schema of detente and arms limitations negotiations are merely elements of the Soviet push for global domination.
Fighting and Winning a Nuclear War - Team B writes that the Soviets have already achieved measurable superiority in nuclear weaponry and other military benchmarks, and will use those advantages to cow and coerce the West into doing its bidding. The Soviets worship military power “to an extent inconceivable to the average Westerner,” the report asserts. The entire Soviet plan, the report goes on to say, hinges on its willingness to fight a nuclear war, and its absolute belief that it can win such a war. Within ten years, Team B states, “the Soviets may well expect to achieve a degree of military superiority which would permit a dramatically more aggressive pursuit of their hegemonial objectives.” [Scoblic, 2008, pp. 94-95]
Lack of Facts Merely Proof of Soviets' Success - One example that comes up during the debate is B’s assertion that the USSR has a top-secret nonacoustic antisubmarine system. While the CIA analysts struggle to point out that absolutely no evidence of this system exists, B members conclude that not only does the USSR have such a system, it has probably “deployed some operation nonacoustic systems and will deploy more in the next few years.” The absence of evidence merely proves how secretive the Soviets are, they argue. [Bulletin of Atomic Scientists, 4/1993; Unger, 2007, pp. 53-57] Anne Cahn, who will serve in the Arms Control and Disarmament Agency in the Carter administration, later says of this assertion, “They couldn’t say that the Soviets had acoustic means of picking up American submarines, because they couldn’t find it. So they said, well maybe they have a non-acoustic means of making our submarine fleet vulnerable. But there was no evidence that they had a non-acoustic system. They’re saying, ‘we can’t find evidence that they’re doing it the way that everyone thinks they’re doing it, so they must be doing it a different way. We don’t know what that different way is, but they must be doing it.‘… [The fact that the weapon doesn’t exist] doesn’t mean that it doesn’t exist. It just means that we haven’t found it yet.” Cahn will give another example: “I mean, they looked at radars out in Krasnoyarsk and said, ‘This is a laser beam weapon,’ when in fact it was nothing of the sort.… And if you go through most of Team B’s specific allegations about weapons systems, and you just examine them one by one, they were all wrong.… I don’t believe anything in Team B was really true.” [Bulletin of Atomic Scientists, 4/1993; Common Dreams (.org), 12/7/2004; BBC, 1/14/2005]
Soviet Strike Capabilities Grossly Exaggerated - Team B also hammers home warnings about how dangerous the Soviets’ Backfire bomber is. Later—too late for Team A—the Team B contentions about the Backfire’s range and refueling capability are proven to be grossly overestimated; it is later shown that the USSR has less than half the number of Backfires that B members loudly assert exist (500 in Team B’s estimation, 235 in reality). B’s assertions of how effectively the Soviets could strike at US missile silos are similarly exaggerated, and based on flawed assessment techniques long rejected by the CIA. The only hard evidence Team B produces to back their assertions is the official Soviet training manual, which claims that their air-defense system is fully integrated and functions flawlessly. The B analysts even assert, without evidence, that the Soviets have successfully tested laser and charged particle beam (CPB) weapons. [Bulletin of Atomic Scientists, 4/1993; Quarterly Journal of Speech, 5/2006 pdf file] (The facility at Semipalatansk that is supposedly testing these laser weapons for deployment is in reality a test site for nuclear-powered rocket engines.) [Scoblic, 2008, pp. 96]
Fundamental Contradiction - One befuddling conclusion of Team B concerns the Soviets’ ability to continue building new and expensive weapons. While B acknowledges “that the Soviet Union is in severe decline,” paradoxically, its members argue that the threat from the USSR is imminent and will grow ever more so because it is a wealthy country with “a large and expanding Gross National Product.”
Allegations 'Complete Fiction' - Cahn will say of Team B’s arguments, “All of it was fantasy.… [I]f you go through most of Team B’s specific allegations about weapons systems, and you just examine them one by one, they were all wrong.” The CIA lambasts Team B’s report as “complete fiction.” CIA director George H. W. Bush says that B’s approach “lends itself to manipulation for purposes other than estimative accuracy.” His successor, Admiral Stansfield Turner, will come to the same conclusion, saying, “Team B was composed of outsiders with a right-wing ideological bent. The intention was to promote competition by polarizing the teams. It failed. The CIA teams, knowing that the outsiders on B would take extreme views, tended to do the same in self-defense. When B felt frustrated over its inability to prevail, one of its members leaked much of the secret material of the proceedings to the press” (see Late November, 1976). Former CIA deputy director Ray Cline says Team B had subverted the National Intelligence Estimate on the USSR by employing “a kangaroo court of outside critics all picked from one point of view.” Secretary of State Henry Kissinger says that B’s only purpose is to subvert detente and sabotage a new arms limitation treaty between the US and the Soviet Union. [Bulletin of Atomic Scientists, 4/1993; Common Dreams (.org), 12/7/2004; BBC, 1/14/2005; Quarterly Journal of Speech, 5/2006 pdf file; Unger, 2007, pp. 53-57]
Costs of Rearmament - In 1993, after reviewing the original Team B documents, Cahn will reflect on the effect of the B exercise: “For more than a third of a century, assertions of Soviet superiority created calls for the United States to ‘rearm.’ In the 1980s, the call was heeded so thoroughly that the United States embarked on a trillion-dollar defense buildup. As a result, the country neglected its schools, cities, roads and bridges, and health care system. From the world’s greatest creditor nation, the United States became the world’s greatest debtor—in order to pay for arms to counter the threat of a nation that was collapsing.” [Bulletin of Atomic Scientists, 4/1993] Former Senator Gary Hart (D-CO) will agree: “The Pro-B Team leak and public attack on the conclusions of the NIE represent but one element in a series of leaks and other statements which have been aimed as fostering a ‘worst case’ view for the public of the Soviet threat. In turn, this view of the Soviet threat is used to justify new weapons systems.” [Quarterly Journal of Speech, 5/2006 pdf file]

Entity Tags: Howard Stoertz, Henry A. Kissinger, Stansfield Turner, Richard Pipes, J. Peter Scoblic, Ray Cline, George Herbert Walker Bush, Craig Unger, Defense Intelligence Agency, ’Team A’, Gary Hart, Anne Cahn, ’Team B’, Carter administration, Arms Control and Disarmament Agency, Paul Nitze, Central Intelligence Agency

Timeline Tags: US International Relations, Neoconservative Influence

Paul Warnke, at a 1986 press conference.Paul Warnke, at a 1986 press conference. [Source: Terry Ashe/Time and Life Pictures / Getty Images]President Carter’s nomination of Paul Warnke to head the Arms Control and Disarmament Agency (ACDA) galvanizes opposition from conservatives throughout Washington.
Long Record of Opposing Arms Buildup - Warnke, a trial lawyer who began his political career as general counsel to the secretary of defense under President Johnson and established himself as an outspoken critic of the Vietnam War, has a long record of favoring negotiations with the Soviet Union over confrontation. His 1975 article in Foreign Affairs magazine, “Apes on a Treadmill,” ridiculed the conservative idea that the only way to counter the Soviet nuclear threat is to build ever more nuclear weapons, and earned the lasting enmity of those same conservatives. “We can be first off the treadmill,” he wrote. “That’s the only victory the arms race has to offer.” Carter also wants Warnke to head the administration’s negotiating team in the SALT II (Strategic Arms Limitation Talks) with the Soviets. [New York Times, 11/1/2001; Scoblic, 2008, pp. 101]
Conservative, Neoconservative Counterattack Creates Grassroots Element - The Committee on the Present Danger (CPD—see 1976) leads the opposition to Warnke’s nomination. Even before Warnke is officially nominated, neoconservatives Penn Kemble and Joshua Muravchik write and circulate an anonymous memo around Washington accusing Warnke of favoring “unilateral abandonment by the US of every weapons system which is subject to negotiation at SALT.” The memo also cites the conclusions of the Team B analysts (see November 1976) to deride Warnke’s arguments against nuclear superiority. Shortly after the memo, one of the CPD’s associate groups, the Coalition for a Democratic Majority (CDM) creates a “grassroots” organization, the Emergency Coalition Against Unilateral Disarmament (ECAUD), that actually functions out of the CDM offices in Washington. ECAUD, though an offshoot of the CDM, has a leadership made up of conservatives, including the American Conservative Union’s James Roberts, the Republican National Committee’s Charles Black, and the Conservative Caucus’s Howard Phillips. The directors of Young Americans for Freedom, the Young Republican National Federation, and the American Security Council (see 1978) are on the steering committee. And the executive director is Morton Blackwell, a hard-right conservative who works with direct-mail guru Richard Viguerie. In 2008, author J. Peter Scoblic will write, “Thus were the views of neoconservatives, hawks, and traditional conservatives given a populist base.” [Scoblic, 2008, pp. 101-102]
Contentious Confirmation Hearings - Scoblic describes the opposition to Warnke at his Senate confirmation hearings as “vicious.” Eminent Cold War foreign policy expert Paul Nitze (see January 1976) lambasts Warnke, calling his ideas “demonstrably unsound… absolutely asinine… screwball, arbitrary, and fictitious.” Neoconservative Daniel Patrick Moynihan (D-NY) gives over his first Senate speech to blasting Warnke; Moynihan’s Senate colleague, neoconservative leader Henry “Scoop” Jackson (D-WA—see Early 1970s) joins Moynihan in criticizing Warnke’s nomination, as does Barry Goldwater (R-AZ). Another conservative congressman accuses Warnke, falsely, of working with both Communists and terrorists: according to the congressman, Warnke is in collusion with “the World Peace Council, a Moscow-directed movement which advocates the disarmament of the West as well as support for terrorist groups.” Heritage Foundation chief Paul Weyrich uses Viguerie’s mass-mailing machine to send 600,000 letters to voters urging them to tell their senators to vote “no” on Warnke. [New York Times, 11/1/2001; Scoblic, 2008, pp. 103-104]
Warnke Confirmed, but Resistance Established - Warnke is confirmed by a 70-29 vote for the ACDA, and by a much slimmer 58-40 vote to head the US SALT II negotiating team. The New York Times’s Anthony Lewis later writes of “a peculiar, almost venomous intensity in some of the opposition to Paul Warnke; it is as if the opponents have made him a symbol of something they dislike so much that they want to destroy him.… [I]t signals a policy disagreement so fundamental that any imaginable arms limitation agreement with the Soviet Union will face powerful resistance. And it signals the rise of a new militant coalition on national security issues.” [Scoblic, 2008, pp. 104]
Effective Negotiator - Warnke will resign his position in October 1978. Though he will constantly be under fire from Congressional conservatives, and will frequently battle with administration hawks such as National Security Adviser Zbigniew Brzezinski, he will earn the respect of both American and Soviet negotiators. In 1979, disarmament scholar Duncan Clarke will write that the Soviets come to regard Warnke as one of the toughest of American negotiators, with one Soviet official saying: “We always wondered why Americans would pay so much for good trial attorneys. Now we know.” Warnke will have a strong influence on the eventual shape of the final SALT II agreement (see June 18, 1979-Winter 1979). [New York Times, 11/1/2001; Scoblic, 2008, pp. 104] Upon his death in 2001, fellow negotiator Ralph Earle will say, “Arms control will be forever on the agenda due in large part to Paul and his articulation of the importance of the issues.” [Arms Control Today, 1/1/2002]

The American Security Council (ASC), a McCarthy-era organization originally conceived to ferret out Communists from the American business community, and now broadening its focus to oppose any sort of detente with the Soviet Union or any arms control agreements, forms the Coalition of Peace Through Strength, an association of 148 members of Congress led by Senator Robert Dole (R-KS). It opposes any sort of arms reduction agreements with the Soviet Union, and particularly opposes the SALT II (Strategic Arms Limitation Talks) treaty negotiations. By 1979, its ranks in Congress will have grown to 191, and it will have the support of over 2,400 retired generals and admirals. The organization insists that any such agreements with the Soviet Union are nothing less than a “symbol of phased surrender.” The organization is allied with other hardline conservative groups, including the American Conservative Union, Phyllis Schlafly’s Eagle Forum, Young Americans for Freedom, and a loose organization of neoconservatives and disaffected Democratic hawks called the Coalition for a Democratic Majority. [Scoblic, 2008, pp. 72-73]

Entity Tags: Young Americans for Freedom, American Conservative Union, American Security Council, Coalition for a Democratic Majority, Coalition of Peace Through Strength, Phyllis Schlafly, Eagle Forum

Timeline Tags: US International Relations

US President Jimmy Carter and Soviet Premier Leonid Brezhnev sign the SALT II (Strategic Arms Limitation Talks) agreement in Vienna, after years of fitful negotiations. The basic outline of the accords is not much different from the agreement reached between Brezhnev and President Ford five years earlier (see November 23, 1974).
Conservative Opposition - The Senate must ratify the treaty before it becomes binding; Republicans and conservative Democrats alike oppose the treaty. Neoconservative Senator Henry “Scoop” Jackson (D-WA—see Early 1970s) compares Carter to former British Prime Minister Neville Chamberlain (who allowed the Nazis to occupy part of Czechoslovakia in 1938) in accusing Carter of “appeasement in its purest form” towards the Soviet Union. Members of the Committee on the Present Danger (CPD—see 1976) appear before the Senate 17 times to argue against ratification. Former Defense Secretary Donald Rumsfeld testifies against it, calling instead for a $44 billion increase in defense spending and once again evoking the specter of Nazi Germany: “Our nation’s situation is much more dangerous today than it has been at any time since Neville Chamberlain left Munich, setting the stage for World War II.” The American Security Council launches “Peace Through Strength Week” (see November 12, 1979). And Governor Ronald Reagan (R-CA), embarking on his presidential campaign, warns the nation that the Soviets could just “take us with a phone call,” forcing us to obey an ultimatum: “Look at the difference in our relative strengths. Now, here’s what we want.… Surrender or die.”
Familiar Arguments - In 2008, author J. Peter Scoblic will write that the arguments advanced against the SALT II treaty are the same as advanced so many times before (see August 15, 1974), including during the infamous “Team B” exercise (see November 1976). The Soviet Union believes it can win a nuclear war, opponents insist, and a treaty such as the one signed by Carter and Brezhnev merely plays into the Soviets’ hands. Once the US loses its significant advantage in nuclear payloads, the likelihood increases that the USSR incinerates American missile silos and dares the US to respond—the US might get off a volley of its remaining missiles, but the Soviets will then launch a second strike that will destroy America’s cities. And that US strike will have limited impact because of what critics call the Soviets’ extensive, sophisticated civil defense program. The US will have no other choice than to, in Scoblic’s words, “meekly submit to Soviet will.” SALT II plays into what the CPD calls the Soviet goal of not waging a nuclear war, but winning “political predominance without having to fight.” Scoblic will note, “An argument that had started on the fringes of the far Right was now being made with total seriousness by a strong cross-section of foreign policy experts, backed by significant public support.” Scoblic then calls the arguments “fatuous… grounded in zero-sum thinking.” The facts do not support the arguments. It is inconceivable, he will observe, that the US would absorb a devastating first strike without immediately launching its own overwhelming counterstrike. And for the critics to accept the tales of “extensive” Soviet civil defense programs, Scoblic argues, is for them to be “remarkably credulous of Soviet propaganda.” No matter what the Soviets did first, the US could kill upwards of 75 million Soviet citizens with its single strike, a circumstance the USSR was unlikely to risk. And, Scoblic will note, subsequent studies later prove the conservatives’ arguments completely groundless (see 1994).
Senate Fails to Ratify - By late 1979, the arguments advanced by Congressional conservatives, combined with other events (such as the “discovery” of a clutch of Soviet troops in Cuba) derails the chance of SALT II being ratified in the Senate. When the Soviet Union invades Afghanistan (see December 8, 1979), Carter withdraws the treaty from further consideration. Scoblic will note that by this point in his presidency, Carter has abandoned any pretense of attempting to reduce nuclear armaments (see Mid-January, 1977); in fact, “[h]is nuclear policies increasingly resembled those of Team B, the Committee on the Present Danger, and groups like the Emergency Coalition Against Unilateral Disarmament” (see Early 1977 and Late 1979-1980). Carter notes that such a treaty as the SALT II accord is the single most important goal of US foreign policy: “Especially now, in a time of great tension, observing the mutual constraints imposed by the terms of these treaties, [SALT I and II] will be in the best interest of both countries and will help to preserve world peace.… That effort to control nuclear weapons will not be abandoned.” [Scoblic, 2008, pp. 105-109, 117]

Entity Tags: Ronald Reagan, Committee on the Present Danger, American Security Council, ’Team B’, Donald Rumsfeld, Emergency Coalition Against Unilateral Disarmament, Henry (“Scoop”) Jackson, J. Peter Scoblic, James Earl “Jimmy” Carter, Jr., Leonid Brezhnev

Timeline Tags: US International Relations

Several hundred influential conservatives launch what they call “Peace Through Strength Week,” at a week-long conference in Washington, DC, held by the American Security Council (ASC—see 1978). The primary mission is to convince a majority of senators to vote against the SALT II (Strategic Arms Limitation Talks) arms-reduction treaty, which President Carter had signed five months before. Although the treaty sets equal limits on the number of nuclear missile launchers the US and the Soviet Union may possess, the conventioneers believe that, in the words of author J. Peter Scoblic, “it merely enshrine[s] American weakness in the face of a growing Soviet nuclear threat.” The convention is timed to coincide with Governor Ronald Reagan’s (R-CA) announcement that he is running for president, and borrows his signature phrase to describe his position on arms control.
'The SALT Syndrome' - The focal point of the ASC’s message is a half-hour film entitled “The SALT Syndrome.” Scoblic will describe it: “Set to a soundtrack fit for a horror movie, it featured image after image of missiles launching, submarines creeping, and nuclear weapons exploding, punctuated by commentary from retired generals and intelligence officials. The ‘syndrome’ was the American tendency to ‘unilaterally disarm,’ which had gripped Washington policy makers after the United States decided to follow [former Defense Secretary Robert] ‘McNamara’s theory of “no defense,” which is called “Mutual Assured Destruction.”’ The movie was a concise, vivid statement of conservative nuclear thought: MAD was a choice.” The movie tells its viewers that US citizens “play an important role in US strategy—that of nuclear hostage.” The film goes on to avow that the Soviets have produced far more missiles, long-range bombers, nuclear submarines, and various missile defenses than the US is willing to concede, giving the Soviets the capability of coercing the US into doing pretty much whatever they demand. “The movie,” Scoblic will write, “was a remarkable, and remarkably effective, piece of propaganda. It combined fact, exaggeration, and outright nonsense—one interviewee claimed the Soviet Union was on the verge of deploying particle beams that would shoot down all incoming missiles—to argue that the United States had left itself nearly helpless against a Soviet behemoth bent on world domination.” The film will play on American television stations some 2,000 times, and will reach, ASC chairman John Fisher will estimate, at least 137 million Americans.
Millions of Dollars Raised to Fight SALT II - The film successfully solicits millions of dollars in contributions from concerned and frightened Americans, much of which will go to advertising efforts to combat SALT II. The ASC will outspend pro-treaty forces by a ratio of 15 to 1. [American Security Council, 3/30/1980; Scoblic, 2008, pp. 72-73]

Entity Tags: John Fisher, Ronald Reagan, American Security Council, Robert McNamara, J. Peter Scoblic

Timeline Tags: US International Relations, Domestic Propaganda

The Bush administration’s legal team meets for the first time. The head of the group, White House counsel Alberto Gonzales, is well known as a staunchly loyal aide to President Bush, and has long ensured that Bush receives the legal opinions he wants. While Bush was governor of Texas, Gonzales routinely prepared briefings for him on death row prisoners appealing for clemency, briefings that usually left out mitigating circumstances that might have led Bush to consider waiving the death penalty. Bush was pleased at Gonzales’s approach, and the White House legal team will quickly come to understand that that same approach will be used in its legal work. One young team member is Bradford Berenson, who made his reputation working with the Bush-Cheney campaign in its fight to win the disputed 2000 presidential election. Berenson is one of eight White House associate counsels. Gonzales tells the gathered counsels and legal staff that most of their work will be in handling the everyday legal tasks generated by the White House, reviewing speeches and letters, making judgments on ethical issues, and the like. But, according to Gonzales, Bush has personally instructed him to give his team two missions as their top priority.
Appoint Conservatives to Judiciary Positions - One is to find as many conservatives as they can to fill the numerous vacancies on the federal courts, vacancies left unfilled because of Senate Republicans’ refusal to schedule hearings for Clinton nominees. Now, Gonzales tells the legal team, they are to find as many conservative “judicial restraint”-minded lawyers as there are judgeships to be filled, and to get them confirmed as quickly as possible. This is an unsurprising mission, as most in the room expect the Republicans to lose control of Congress in 2002—as, historically, most parties who control the executive branch do in midterm elections—and therefore have only a limited time in which to get nominees named, vetted, and confirmed by friendly Congressional Republicans.
Find Ways to Expand Presidential Power - Gonzales’s second mission is more puzzling. The lawyers are to constantly look for ways to expand presidential power, he tells them. Bush has told his senior counsel that under previous administrations, the power of the presidency has eroded dramatically. (Ironically, some of the losses of executive power came due to the Republican-led investigation of former President Clinton’s involvement in Whitewater and his affair with a White House intern, when Secret Service bodyguards and White House attorneys were compelled to testify about their communications with the president, and Congressional Republicans issued subpoenas and demanded information from the White House.) It is time to turn back the tide, Gonzales tells his team, and not only regain lost ground, but expand presidential power whenever the opportunity presents itself. Berenson will later recall Gonzales telling them that they are “to make sure that [Bush] left the presidency in better shape than he found it.” Berenson will later remark: “Well before 9/11, it was a central part of the administration’s overall institutional agenda to strengthen the presidency as a whole. In January 2001, the Clinton scandals and the resulting impeachment were very much in the forefront of everyone’s mind. Nobody at that point was thinking about terrorism or the national security side of the house.” Berenson does not learn until much later that much of the direction they have received has come, not from President Bush, but from Vice President Cheney and his legal staff, particularly his chief counsel, David Addington. [Savage, 2007, pp. 70-75]

Entity Tags: David S. Addington, Alberto R. Gonzales, Bush administration (43), Richard (“Dick”) Cheney, Bradford Berenson, George W. Bush

Timeline Tags: Civil Liberties

Newly elected president George W. Bush says he opposes price caps on wholesale electricity, and suggests that for California to ease its power crisis, it should relax its environmental regulations and allow power companies such as Enron to operate unchecked. “The California crunch really is the result of not enough power-generating plants and then not enough power to power the power of generating plants,” he says. [Harper's, 1/23/2001] In 2002, former Enron energy trader Steve Barth will give a different perspective. “This was like the perfect storm,” he will say of Enron’s merciless gaming of the California energy crisis. “First, our traders are able to buy power for $250 in California and sell it to Arizona for $1,200 and then resell it to California for five times that. Then [Enron Energy Services] was able to go to these large companies and say ‘sign a 10-year contract with us and we’ll save you millions.’” [CBS News, 5/16/2002]

Entity Tags: Enron Energy Services, Enron Corporation, George W. Bush, Steve Barth

Timeline Tags: US Environmental Record

President Bush informs a small group of reporters that he is forming an “energy task force” to draw up a new national energy policy. It will be the first major policy initiative of his presidency. The administration is driven by its concern for “the people who work for a living… who struggle every day to get ahead.” The task force will find ways to meet the rising demand for energy and to avoid the shortfalls causing major power blackouts in California and other areas (see January 23, 2001). He has chosen Vice President Cheney to chair the task force. “Can’t think of a better man to run it than the vice president,” he says. He refuses to take questions, turning aside queries with jokes about the recent Super Bowl. The short press briefing will be virtually the only time the White House tells reporters anything about Cheney’s National Energy Policy Development Group. [Savage, 2007, pp. 85-86] Deputy press secretary Scott McClellan will later write that the task force “held a series of meetings with outside interests whose identities were withheld from the public. This created an early impression of an administration prone to secrecy and reinforced the image of the Bush White House as in thrall to corporate interests.” [McClellan, 2008, pp. 96]

Entity Tags: George W. Bush, Scott McClellan, Richard (“Dick”) Cheney, National Energy Policy Development Group

Timeline Tags: US Environmental Record

Joseph Kelliher, a top political appointee on Vice President Cheney’s energy task force (see January 29, 2001) e-mails natural gas executive Dana Contratto with the following question: “If you were King or Il Duce, what would you include in a national [energy] policy, especially with respect to natural gas issues?” The e-mail is never intended to become public knowledge. Kelliher will later become President Bush’s appointee to head the Federal Energy Regulatory Commission (FERC). [Savage, 2007, pp. 86]

Entity Tags: Dana Contratto, Joseph T. Kelliher, National Energy Policy Development Group

Timeline Tags: US Environmental Record

Vice President Cheney meets with Enron CEO Kenneth Lay as part of Cheney’s secretive energy task force (the National Energy Policy Development Group—see May 16, 2001). Though Cheney may not know it, Enron is on the verge of collapse, with liabilities far outweighing assets and heavily doctored earnings statements. Enron’s only income generation comes from the unregulated energy markets in California and other Western states (see January 23, 2001). Enron traders are gouging the California markets at an unprecedented pace; as authors Lou Dubose and Jake Bernstein later write, Enron is “taking power plants off-line to create shortages, booking transmission lines for current that never move[s], and shuttling electricity back and forth across state lines to circumvent price controls,” among a plethora of other illegal market manipulations.
Ignoring California's Energy Crisis - Unable to make a profit between buying Enron’s energy at staggering prices and then selling it at regulated rates, one of California’s two largest utility companies has filed for bankruptcy and the other has accepted a government bailout. California is in a calamitous energy crisis. Governor Gray Davis is pleading for rate caps that would help both utility companies and consumers. But price caps are the last thing Lay wants. Once in Cheney’s office, Lay gives Cheney a three-page memo outlining Enron’s recommendations for the administration’s national energy policy Cheney’s group is developing. Prominently featured in the memo is the following recommendation: “The administration should reject any attempt to deregulate wholesale power markets by adopting price caps.” Almost every recommendation in the Lay memo will find its way into the energy task force’s final report. Cheney may not know that Enron is in such dire financial straits, but he does know that energy prices in California have gone from $30 to $300 per megawatthour, with periodic jumps to as high as $1,500. He also knows that Enron’s profits in California, along with other power producers, have gone up 400% to 600%.
Price Caps in Spite of Lay, Cheney - Lay does not get his way; the Federal Energy Regulatory Commission will override Cheney’s arguments and impose price caps on energy traders working in California. The state’s energy prices are brought under control, Enron’s trading schemes—luridly given such sobriquets as “Death Star,” “Fat Boy,” and “Get Shorty”—are brought to an end, and Enron collapses six months later (see December 2, 2001). Cheney will have a measure of revenge by forcing one of Lay’s adversaries on FERC, Curtis Hebert, out of his position (see August 14, 2001).
Avoiding Scrutiny and Oversight - This meeting and others are cleverly designed to avoid legal government oversight. According to the Federal Advisory Committees Act (FACA), the energy task force should be subject to public accountability because private parties—in this case, oil and gas industry executives and lobbyists—are helping shape government policy. Cheney’s legal counsel, David Addington, devises a simple scheme to avoid oversight. When a group of corporate lobbyists come together to create policy, a government official is present. Suddenly, FACA does not apply, and the task force need not provide any information whatsoever to the public. Dubose and Bernstein will later write: “It was bold as [artist] Rene Magritte’s near-photographic representation of a pipe over the inscription ceci n’est pas une pipe—‘this is not a pipe.’ Fifteen oil industry lobbyists meet in the Executive Office Building and one midlevel bureaucrat from the Department of Energy steps into the room—and voila, ceci n’est pas une foule de lobbyists. Because one government employee sat in with every group of lobbyists, a committee of outside advisers was not a committee of outside advisers.” Between Addington’s bureaucratic end-around and Cheney’s chairmanship of the working group giving the entire business the cloak of executive privilege, little information gets out of the group. “The whole thing was designed so that the presence of a government employee at a meeting could keep the Congress out,” a Congressional staff lawyer later says. It also keeps the press at bay. [Dubose and Bernstein, 2006, pp. 3-4, 10]

Entity Tags: National Energy Policy Development Group, US Department of Energy, Richard (“Dick”) Cheney, Kenneth Lay, Jake Bernstein, Enron Corporation, David S. Addington, Curtis Hebert, Federal Energy Regulatory Commission, Gray Davis, Lou Dubose, Federal Advisory Committees Act

Timeline Tags: US Environmental Record

House Democrats Henry Waxman (D-CA) and John Dingell (D-MI) write to Andrew Lundquist, the executive director of the Cheney energy task force (see January 29, 2001), asking for access to the task force’s records. Waxman and Dingell ask with whom the task force met and what had been said at those meetings. They base their request on the 1972 Federal Advisory Committee Act (FACA), an open-government law that states when nongovernment officials, such as energy company officials or lobbyists, help craft public policy, the government must ensure that a balance of viewpoints is represented and such meetings must be open to the press and the public. Two weeks later, Cheney’s chief counsel, David Addington, replies, denying Waxman and Dingell any information. Addington says that FACA does not apply to the task force, and attaches a memo from Lundquist asserting that while nongovernmental officials have been part of the task force’s deliberations, since they were not official members of the task force, their participation does not count. “These meetings… were simply forums to collect individuals views rather than to bring a collective judgment to bear,” Addington writes. Addington then advises the representatives that they need to show “due regard for the constitutional separation of powers,” claims that the White House can assert executive privilege over the task force’s records, and finishes with the assertion that Congress is not even entitled to the information Addington has provided—he has done so, he writes, “as a matter of comity between the executive and legislative branches.” [General Accounting Office, 8/25/2003 pdf file; Savage, 2007, pp. 87-88]

Entity Tags: Federal Advisory Committee Act, Andrew Lundquist, David S. Addington, John Dingell, National Energy Policy Development Group, Henry A. Waxman, Richard (“Dick”) Cheney, Bush administration (43)

Timeline Tags: US Environmental Record, Civil Liberties

The General Accounting Office (GAO), the nonpartisan investigative arm of Congress, sends David Addington, the chief counsel to Vice President Cheney, a letter declaring that it intends to review the composition and activities of Cheney’s energy task force (see January 29, 2001). Addington is the one who issued the flat refusal to allow members of Congress to see any of the minutes or documents generated by the task force (see April 19 - May 4, 2001); in response, the members of Congress who requested the information asked GAO chief and comptroller general David Walker for help in investigating the task force. Walker is quite bipartisan, having worked for the Reagan and Bush-Quayle administrations before being appointed to the chairmanship of the GAO by President Clinton. [Savage, 2007, pp. 88] Addington will reply to Walker, denying that the GAO has any authority to investigate the task force (see May 16 - 17, 2001). In 2007, author Charlie Savage will call the Cheney-Addington battle with the GAO an early instance of the Bush administration’s fight to claim ever-widening presidential powers at the expense of Congress (see January 21, 2001).

Entity Tags: David Walker, Bush administration (43), David S. Addington, General Accounting Office, Richard (“Dick”) Cheney, Charlie Savage, National Energy Policy Development Group

Timeline Tags: US Environmental Record, Civil Liberties

The General Accounting Office (GAO) tries five times to arrange a meeting with David Addington, the chief counsel for Vice President Cheney, regarding the GAO’s request for information about Cheney’s secret energy task force (see January 29, 2001). Addington rebuffs all attempts to meet with GAO officials, and instead sends a letter refusing to comply with the GAO’s request (see May 16 - 17, 2001). On May 17, Addington leaves a voicemail on a GAO telephone saying that he is not authorized to meet with officials to discuss the task force, but that his letter is complete and “self-explanatory.” [General Accounting Office, 8/25/2003 pdf file]

Entity Tags: Richard (“Dick”) Cheney, General Accounting Office, David S. Addington, National Energy Policy Development Group

Timeline Tags: US Environmental Record, Civil Liberties

In response to a General Accounting Office (GAO) demand for information about the energy task force chaired by Vice President Cheney (see May 8, 2001), Cheney’s chief legal adviser, David Addington, rebuffs the GAO, claiming that the agency has no authority under the Constitution to investigate the task force. The task force is a creature of the executive branch, Addington argues, and as an arm of the legislative branch, the GAO cannot “inquire into the exercise of authorities committed to the executive by the Constitution.” The president can keep any such government deliberations entirely secret from Congress and the public, Addington asserts, in order to guarantee the “candor” of the advice he receives. GAO chief David Walker replies to Addington, rejecting his interpretation of the Constitution. Addington will, in the words of author Charlie Savage, “follow… injury with insult,” responding to Walker’s request for information by conceding that Congress might have the right to know about the direct costs incurred by the task force, and sending 77 pages of mundane expense reports (see June 21, 2001). The highlight of those reports: task force chair Andrew Lundquist’s ordering of a pizza on his own credit card. Walker will not be cowed by Addington’s flip rejoinder. [Savage, 2007, pp. 88-89]

Entity Tags: David Walker, Andrew Lundquist, David S. Addington, General Accounting Office, Charlie Savage, National Energy Policy Development Group, Richard (“Dick”) Cheney

Timeline Tags: US Environmental Record, Civil Liberties

The general counsel for the General Accounting Office (GAO) sends a letter to Vice President Cheney’s chief counsel, David Addington, explaining that the GAO believes its attempt to investigate Cheney’s secret energy task force (see January 29, 2001, May 16, 2001, and May 16 - 17, 2001) is right and proper under US law. [General Accounting Office, 8/25/2003 pdf file]

Entity Tags: Richard (“Dick”) Cheney, General Accounting Office, David S. Addington, National Energy Policy Development Group

Timeline Tags: US Environmental Record, Civil Liberties

David Addington, the chief counsel to Vice President Cheney, writes another letter rebuffing the General Accounting Office (GAO)‘s attempt to secure information about Cheney’s secret energy task force (see January 29, 2001 and May 16, 2001). This time, Addington writes that the GAO lacks the authority to obtain the requested information. He reasons that in statute 31 USC 717, which requires the GAO’s chief, the comptroller general, to “evaluate the results of a program or activity the government carries out under existing law,” the words “existing law” do not include the US Constitution. Under statute 31 USC 712, which requires the comptroller general to investigate “all matters related to the receipt, disbursement, and use of public money,” the task force is only required to inform the GAO of financial cost information—hence Addington’s previous letter informing the GAO about the task force’s mundane expenses (see May 16 - 17, 2001 and June 21, 2001). [General Accounting Office, 8/25/2003 pdf file]

Entity Tags: Richard (“Dick”) Cheney, General Accounting Office, David S. Addington, National Energy Policy Development Group

Timeline Tags: US Environmental Record, Civil Liberties

Judicial Watch logo.Judicial Watch logo. [Source: Judicial Watch]The conservative government watchdog organization Judicial Watch sends a letter to Vice President Dick Cheney demanding to see the records of his secret energy task force (see January 29, 2001 and May 16, 2001). Chris Farrell, the organization’s director of investigations and research, saw a May 2001 Newsweek article about the task force. Farrell later says he was struck by the similarities between Cheney’s energy task force and the 1994 health care task force chaired by then-First Lady Hillary Clinton. “The government can’t operate in secret,” Farrell will later say. “They are answerable to the people. There are appropriate times for secrecy on military and intelligence matters, but the notion that national policy on a matter like energy or health care can be developed in secret is offensive and counter to the Constitution.” Farrell, along with Judicial Watch chairman Larry Klayman and president Thomas Fitton, agreed that the task force violates core conservative principles, and made the decision to challenge Cheney’s office. Their letter notes that the rules governing the task force are clear: if the executive branch chooses to solicit outside advice while writing policy, then the Federal Advisory Committee Act (FACA) is triggered, requiring the government to make the details of those meetings public (the same argument made by the General Accounting Office—see May 8, 2001). “Judicial Watch respectfully requests that, in light of the questionable legal and ethical practices, negative publicity, and public outrage surrounding Hillary Rodham Clinton’s 1994 national health-care policy development group, you direct the [energy task force] to abide by the FACA. [Such openness] will instill public trust and confidence in the operations of the [task force] and insure that the national policy is formulated, discussed, and acted upon in a manner consistent with the best traditions of our Constitutional Republic.” [Savage, 2007, pp. 91-92] Cheney’s office will refuse the request (see July 5, 2001). In return, Judicial Watch will sue for the documents’ release (see July 14, 2001).

Entity Tags: Larry Klayman, Chris Farrell, Federal Advisory Committee Act, Judicial Watch, National Energy Policy Development Group, Richard (“Dick”) Cheney, Tom Fitton, General Accounting Office

Timeline Tags: US Environmental Record, Civil Liberties

David Addington, the chief counsel to Vice President Cheney, refuses to accept any more communications from the General Accounting Office (GAO) regarding the GAO’s attempt to learn about the doings of Cheney’s secret energy task force (see January 29, 2001 and May 16, 2001). Addington directs GAO officials to contact a lawyer at the Department of Justice with any further inquiries. [General Accounting Office, 8/25/2003 pdf file]

Entity Tags: David S. Addington, National Energy Policy Development Group, Richard (“Dick”) Cheney, General Accounting Office

Timeline Tags: US Environmental Record, Civil Liberties

The conservative government watchdog organization Judicial Watch files a lawsuit demanding the release of documents pertaining to Vice President Cheney’s energy task force (see January 29, 2001 and May 16, 2001). Judicial Watch had requested that Cheney voluntarily turn over the records, a request his office denied (see July 5, 2001). [Savage, 2007, pp. 92]

Entity Tags: Judicial Watch, Richard (“Dick”) Cheney, National Energy Policy Development Group

Timeline Tags: US Environmental Record, Civil Liberties

The General Accounting Office, repeatedly rebuffed by Vice President Cheney’s office in its attempt to secure information about Cheney’s secret energy task force (see May 8, 2001, May 10-17, 2001, May 16 - 17, 2001, June 7, 2001, June 21, 2001, and July 3, 2001), sends a letter written by its head, Comptroller General David Walker, to Cheney. Walker notes the repeated rebuffs from Cheney’s chief counsel, David Addington, and others in his office, and once again lays out his request for information regarding the task force’s participants, minutes of meetings, and other relevant information. When Walker follows up his letter with a phone call to Cheney on July 30, Cheney will fail to take the call. [General Accounting Office, 8/25/2003 pdf file]

Entity Tags: Richard (“Dick”) Cheney, David S. Addington, David Walker, National Energy Policy Development Group, General Accounting Office

Timeline Tags: US Environmental Record, Civil Liberties

ABC reporter Ted Koppel asks Vice President Dick Cheney about meetings with his “pals” from the oil and energy industries (see January 29, 2001 and April 17, 2001 and After). Koppel is referring to the attempts by Congress to be given the names of the participants in Cheney’s energy task force meetings. Cheney says: “I think it’s going to have to be resolved in court, and I think that’s probably appropriate. I think, in fact, that this is the first time the GAO [Government Accountability Office] has ever issued a so-called demand letter to a president/vice president. I’m a duly elected constitutional officer. The idea that any member of Congress can demand from me a list of everybody I meet with and what they say strikes me as—as inappropriate, and not in keeping with the Constitution.” Authors Lou Dubose and Jake Bernstein will later write, “The vice president was deftly turning a request for records into a constitutional struggle between the legislative and executive branches.” Representative Henry Waxman (D-CA), who issued the original requests before turning them over to the GAO, will put his demands for information on hold because of the 9/11 attacks and the war in Afghanistan, but the case will indeed end up in court (see February 22, 2002). [Dubose and Bernstein, 2006, pp. 11-12]

Entity Tags: Lou Dubose, Richard (“Dick”) Cheney, Government Accountability Office, Henry A. Waxman, Ted Koppel, Jake Bernstein, National Energy Policy Development Group

Timeline Tags: US Environmental Record, Civil Liberties

The General Accounting Office (GAO)‘s chief, David Walker, backs down from his initial request for all pertinent documents and records of Vice President Cheney’s energy task force (see May 8, 2001). Instead, Walker modifies his request to ask for just the names of the lobbyists at the task force meetings, the dates of the meetings, the general topic(s) of discussion, and the cost of the meetings. Cheney will also refuse this request, and will escalate his rhetorical war against Walker and the GAO in defense of “executive privilege” (see July 26, 2001 and August 2, 2001). [General Accounting Office, 8/25/2003 pdf file; Savage, 2007, pp. 92-93]

Entity Tags: General Accounting Office, David Walker, Richard (“Dick”) Cheney, National Energy Policy Development Group

Timeline Tags: US Environmental Record, Civil Liberties

Vice President Dick Cheney continues to battle the General Accounting Office (GAO)‘s request for the records of his energy task force (see January 29, 2001 and April 17, 2001 and After) in the broadcast media (see July 26, 2001). On Fox News, he reiterates his insistence that he will not turn over any records from the task force unless compelled to do so by the courts, and says indignantly, “They’ve demanded of me that I give Henry Waxman [the California Democratic representative who originated the demand for task force records] a list of everybody I met with, of everything that was discussed, any advice that was revealed, notes and memos of these meetings.” Cheney is lying. The GAO only asked for the minutes from the meetings and the names of the participants (see July 31, 2001 and February 22, 2002), and soon the GAO will scale back its request to nothing more than the names and schedules of the participants and the meetings, not the contents of the meetings themselves. Four years later, when the court case has long been settled in Cheney’s favor (see February 7, 2003), Cheney will still mischaracterize the issue as an improper demand from Congress for an executive branch official to disclose the contents of private conversations and meetings, and therefore destroy “the ability of the president and the vice president to receive unvarnished advice.” Former Justice Department official Bruce Fein will call the argument “bogus, specious, [and] absurd.” [Dubose and Bernstein, 2006, pp. 12-13] GAO officials call Cheney’s statement a “critical and highly material misrepresentation” of the facts. [National Review, 2/20/2002]

Entity Tags: General Accounting Office, Richard (“Dick”) Cheney, Bruce Fein, National Energy Policy Development Group

Timeline Tags: US Environmental Record, Civil Liberties

Senator Carl Levin (D-MI), the chairman of the investigations subcommittee of the Senate Governmental Affairs Committee, and fellow senators Byron Dorgan (D-ND), Ernest Hollings (D-SC), and Joseph Lieberman (D-CT) ask the General Accounting Office (GAO) to evaluate the process by which the Bush administration’s energy policy has been developed (see May 16, 2001). The senators’ request is apparently in support of the GAO’s long-blocked investigation of Vice President Cheney’s energy task force (see January 29, 2001). [General Accounting Office, 8/25/2003 pdf file]

Entity Tags: Carl Levin, Bush administration (43), Byron L. Dorgan, General Accounting Office, Joseph Lieberman, National Energy Policy Development Group, Ernest F. Hollings

Timeline Tags: US Environmental Record, Civil Liberties

Anthony Gamboa, the general counsel for the General Accounting Office (GAO), reiterates the GAO’s modification of its original request for documents and records pertaining to Vice President Cheney’s energy task force (see January 29, 2001 and May 16, 2001). In a letter to the editor of the Wall Street Journal, Gamboa writes: “The GAO long ago dropped its request for the minutes and notes of the vice president’s meetings with people outside the government, as well as requests for any materials those individuals have given to Mr. Cheney (see July 31, 2001). The GAO simply seeks the names of those he met in his capacity as head of the energy policy task force, when and where he met them, the subject matter of the meetings, and an explanation of the costs incurred.” Cheney responds during an appearance on the late-night talk show The Tonight Show. He explains his continued refusal to cooperate with the GAO: “What’s at stake here is whether a member of Congress [Henry Waxman (D-CA), whom Cheney has accused the GAO of working for] can demand that I give him notes of all my meetings and a list of everybody I met with. We don’t think that he has that authority.” [National Review, 2/20/2002] The GAO’s chief, Comptroller General David Walker, will later call Cheney’s statements “disinformation.” [Savage, 2007, pp. 100]

Entity Tags: National Energy Policy Development Group, Anthony Gamboa, David Walker, Henry A. Waxman, Richard (“Dick”) Cheney, General Accounting Office

Timeline Tags: US Environmental Record, Civil Liberties

David Walker, comptroller of the General Accounting Office (GAO) and a Ronald Reagan appointee, files a lawsuit to compel Vice President Dick Cheney and his office to reveal the names of the private businessmen and organizational officials that his energy task force (see January 29, 2001) met with to craft the Bush administration’s energy policies (see May 8, 2001). This is the first time since its creation in 1920 that the GAO has been forced to file suit to compel another government agency to follow the law and cooperate with its requests. [Dean, 2004, pp. 78-79] In a statement, Walker writes: “This is the first time that GAO has filed suit against a federal official in connection with a records access issue. We take this step reluctantly. Nevertheless, given GAO’s responsibility to Congress and the American people, we have no other choice. Our repeated attempts to reach a reasonable accommodation on this matter have not been successful. Now that the matter has been submitted to the judicial branch, we are hopeful that the litigation will be resolved expeditiously. [General Accounting Office, 2/22/2002 pdf file]
'Fundamental Questions' about Governmental 'Checks and Balances' - Former Nixon White House counsel John Dean will write in 2004: “This was, to say the least, a high-stakes lawsuit. It raised fundamental questions about the very nature of our system of checks and balances. If the GAO could not get the information it requested, then there was a black hole in the federal firmament—a no-man’s land where a president and vice president could go free from Congressional oversight.” By random selection, the case lands in the court of Judge John Bates, a career Justice Department lawyer who once worked for the Whitewater investigative team led by Kenneth Starr, and had just recently been appointed to the bench by President Bush. The choice of Bates will prove critical to the verdict of the case. [Dean, 2004, pp. 78-79]
Schlafly: Secrecy a 'Mistake' - Conservative commentator and activist Phyllis Schlafly will write in 2002: “[T]he public wants to know how our energy policy was developed. When information is kept secret, the natural inference is that there must be something the administration is very eager to hide. While private businesses and households can be selective about what they tell the world, the American people are not willing to accord the same privacy to public officials paid by the taxpayers. Regardless of the legal veil woven over the energy policy meetings, Cheney’s secrecy is a political mistake.” [Eagle Forum, 3/6/2002]

Entity Tags: Kenneth Starr, Phyllis Schlafly, US Department of Justice, Richard (“Dick”) Cheney, John Dean, Government Accountability Office, Bush administration (43), David Walker, George W. Bush, Energy Task Force, John Bates

Timeline Tags: US Environmental Record, Civil Liberties

Phyllis Schlafly.Phyllis Schlafly. [Source: Phyllis Schlafly.com]The conservative commentator and activist Phyllis Schlafly writes, “The voters aren’t going to buy the sanctimonious argument that the Bush administration has some sort of duty to protect the power of the presidency.… The American people do not and should not tolerate government by secrecy.” [Eagle Forum, 3/6/2002]

Entity Tags: Bush administration (43), Phyllis Schlafly

Timeline Tags: Civil Liberties

Andrew Lundquist, the White House director of energy policy and the chairman of the Cheney energy task force (see January 29, 2001 and May 16, 2001), resigns from government service. The next day, Lundquist goes into the lobbying business. The Lundquist Group opens offices in what the Boston Globe will call a “posh office building perched kitty-corner from the Capitol.” Lundquist’s business will take in hundreds of thousands of dollars a year from clients such as British Petroleum (see March 22, 2001) and Duke Energy Corporation (see March 5, 2001). [Savage, 2007, pp. 346]

Entity Tags: British Petroleum, Andrew Lundquist, Duke Energy, Lundquist Group, Bush administration (43)

Timeline Tags: US Environmental Record

District Court Judge John Bates rules against the General Accounting Office (GAO), the investigative arm of Congress, in its attempt to force Vice President Cheney to disclose some of his Energy Task Force documents (see January 29, 2001 and May 16, 2001). The judge writes, “This case, in which neither a House of Congress nor any congressional committee has issued a subpoena for the disputed information or authorized this suit, is not the setting for such unprecedented judicial action.” [Associated Press, 12/9/2002] Bates is a Republican who worked as the deputy independent counsel to Kenneth Starr in the Whitewater investigation, and was appointed to the bench by President Bush in 2001. [Savage, 2007, pp. 112] The GAO later declines to appeal the ruling (see February 7, 2003). In a similar suit being filed by Judicial Watch and the Sierra Club, the Bush administration has successfully delayed deadlines forcing these documents to be turned over. [Associated Press, 12/6/2002] That case will eventually be decided in the administration’s favor (see May 10, 2005).
Cheney Pushes Back - Unfortunately, the ruling’s claim of no Congressional involvement is somewhat misleading. The original request for information came from two ranking House members, Henry Waxman (D-CA) of the Committee on Government Reform and John Conyers (D-MI) of the Energy and Commerce Committee (see April 19 - May 4, 2001). Waxman and Conyers followed standard procedure by writing to David Walker, head of the GAO, to request information about who was meeting with the task force and what the task force was doing (May 8, 2001. Instead of complying with the request, Cheney’s legal counsel, David Addington, replied that the task force was not subject to the Federal Advisory Committee Act, and therefore not bound by law to provide such information (see May 16 - 17, 2001). Addington later challenged the GAO’s authority, saying that it was trying “to intrude into the heart of Executive deliberations, including deliberations among the President, the Vice President, members of the President’s Cabinet, and the President’s immediate assistants, which the law protects to ensure the candor in Executive deliberation necessary to effective government.” The GAO was not asking for such information; former Nixon White House counsel John Dean will write in 2004, “It was clear [Addington] was looking to pick a fight.”
Tug of War - The GAO advised Addington that it did indeed have the legal power to examine the deliberations of such entities as the task force, and provided Addington both the statutory law and the legislative history, which flatly contradicted Addington’s refusal. The GAO also noted that it was “not inquiring into the deliberative process but [was] focused on gathering factual information regarding the process of developing President Bush’s National Energy Policy.” The GAO even narrowed the scope of its original request, asking only for the names of those who had worked with the task force, and the dates (see July 31, 2001). But this provoked further resistance from Cheney and his office, with Cheney publicly stating on numerous occasions that the GAO was unlawfully trying to intrude into the deliberative process. Walker’s patience ran out in January 2002, and he notified the White House and Congress that the GAO was taking the administration to court (see February 22, 2002).
Hardball in Federal Court - Usually the case will be handled by lawyers from the Justice Department’s Civil Division. But this case is much more important to the White House to be left to the usual group of attorneys. Instead, this lawsuit is one of the very few to be handled by a special unit operating under the direct supervision of Deputy Solicitor General Paul Clement and Clement’s boss, Solicitor General Theodore Olson. Olson, the lawyer who spearheaded the team that successfully argued the December 2000 Bush v. Gore case that awarded George W. Bush the presidency. Dean later learns that this special team was created specifically to find and handle cases that they can take to the Supreme Court in order to rewrite existing law, mostly laws that restrict the power of the presidency (see January 21, 2001). Many career attorneys at the Justice Department will become so offended by the existence and the agenda of this special legal team that they will resign their positions. The administraton sent a strong signal to Judge Bates when it sent Olson, who has argued many times before the Supreme Court, to argue the government’s case in his court. Dean will write that Bates, a recent Bush appointee and a veteran of the Whitewater investigation, “got the message.” He knows this case is slated to go to the Supreme Court if it doesn’t go the way the White House wants.
Standing the Law On Its Head - According to Dean, Bates turns the entire body of statutory law overseeing the GAO and its powers to compel information from the executive branch on its head. He rules that the GAO lacks the “standing to sue,” saying that it doesn’t have enough of a legal stake in the controversy to have a role in trying to compel information. Bates, flying in the face of over eight decades of law and precedent, rules that, in essence, the GAO is merely an agent of Congress, and because neither the GAO nor Walker had suffered injury because of the task force’s refusal to comply with its request, the GAO has no legal recourse against the executive branch. Bates hangs much of his ruling on the fact that Congress has not yet subpoenaed the White House for the task force information. Thusly, Bates guts the entire structure of enforcement authority the GAO has as part of its statutory mandate. Bates does not go as far as the Justice Department wants, by not specifically ruling that the entire GAO statute is unconstitutional, but otherwise Bates’s ruling is a complete victory for the White House. [Dean, 2004, pp. 76-80] Authors Lou Dubose and Jake Bernstein later write that “Bates’s ruling creates a legislative Catch-22 for Democrats.” Because the GOP is the majority party, and because GOP Congressional leaders refuse to subpoena the White House on virtually any issue or conflict, no such subpoenas as Bates is mandating are likely to ever be granted by Republican committee chairmen. [Dubose and Bernstein, 2006, pp. 14] In 2007, author and reporter Charlie Savage will write that Bates’s ruling severely eroded the GAO’s “ability to threaten to file a lawsuit [and] damaged the congressional watchdog’s capability to persuade executive branch agencies to comply with its requests for information.… Bates had established a principle that, if left undisturbed, could change the attitudes of executive branch officials when the GAO asked for documents they did not want to disclose.” [Savage, 2007, pp. 112-113]

Entity Tags: John Dean, Lou Dubose, Paul Clement, Sierra Club, John Conyers, US Supreme Court, US Department of Justice, Theodore (“Ted”) Olson, Richard (“Dick”) Cheney, John Bates, Judicial Watch, Henry A. Waxman, Bush administration (43), Charlie Savage, David Walker, David S. Addington, Government Accountability Office, Energy Task Force, Jake Bernstein, Federal Advisory Committee Act

Timeline Tags: US Environmental Record, Civil Liberties

The General Accounting Office (GAO), the nonpartisan investigative arm of Congress, declines to appeal a case attempting to force Vice President Cheney to disclose his Energy Task Force documents (see May 16, 2001, February 22, 2002, and December 9, 2002). This ends a potentially historic showdown between the Congressional watchdog agency and the executive branch. [Los Angeles Times, 2/8/2003] It is widely believed that the suit is dropped because of pressure from the Republican Party—the suit was filed when the Democrats controlled the Senate, and this decision comes shortly after the Republicans gained control of it. [Washington Post, 2/8/2003] The head of the GAO denies the lawsuit is dropped because of Republican threats to cut his office’s budget, but US Comptroller General David Walker, who led the case, says there was one such “thinly veiled threat” last year by a lawmaker he wouldn’t identify. [Reuters, 2/25/2003] Another account has Senator Ted Stevens (R-AK) and a number of other congresspeople making the threat to Walker. [Hill, 2/19/2003] The GAO has previously indicated that accepting defeat in this case would cripple its ability to oversee the executive branch. [Washington Post, 2/8/2003] A similar suit filed by Judicial Watch and the Sierra Club continues to move forward, but will ultimately be defeated by the Supreme Court (see May 10, 2005). [Washington Post, 2/8/2003]
Picking Its Battles - Walker explains that to continue the case “would require investment of significant time and resources over several years.” Later, he will say that he decided not to appeal the case for what reporter Charlie Savage will call “damage-control reasons.” Walker does not want to involve the GAO in what he fears will be perceived as a partisan conflict, and he does not want to risk further crippling the GAO’s ability to function by risking another negative ruling from a federal appeals court. “If the GAO was going to fight that legal battle,” Savage will write in explanation of Walker’s reasoning, “it was strategically unwise to use a case that involved records inside the White House itself instead of a less prominent part of the executive branch.” [Savage, 2007, pp. 113]
Refusal to Appeal 'Stunning' - In 2004, former Nixon White House counsel John Dean will write that he finds the GAO’s decision not to appeal the ruling “stunning.” Walker says the GAO isn’t going to challenge the ruling because it does not materially affect the GAO’s ability to function because the “decision did not address the merits” of the GAO’s arguments. The ruling, Walker says, “has no effect on GAO’s statutory audit rights or the obligation of agencies to provide GAO with information.” Dean calls this line of reasoning “wishful thinking at its best.” Dean will ask a high-level GAO official about the reported threats from Congressional Republicans. The official will reply that the threats did not worry Walker and the GAO lawyers nearly as much as the possibility that, if the GAO were to pursue the lawsuit, then, Dean will write, “the Supreme Court could do again what it did in Bush v. Gore and make Walker v. Cheney the landmark ruling ending virtually all Congressional oversight.” But lawyers for the Congressional Research Service (CRS) say that the ruling as it stands places severe restrictions on Congressional oversight. As Dean puts it: “The GAO has lost not only standing to file a lawsuit but the leverage of the threat of filing such a lawsuit, should an executive department or agency stonewall the way Cheney did. The GAO must now simply take what the White House (and its many appendages…) volunteers. This has never before been the case. [The GAO] will see only what Bush and Cheney want it to see.” The CRS notes that the ruling “calls into question the ability of Congress to delegate investigative authority to its agents;” Dean will write that this “may be the true reason for the lawsuit and for Cheney’s actions.” [Dean, 2004, pp. 80-81]
'Big Win' for Bush/Cheney - Constitutional scholar Thomas Mann of the Brookings Institution will call the ruling a “big win” for the Bush-Cheney administration, saying: “President Bush and Vice President Cheney have an extreme and relentless executive-centered conception of American government, and it plays out every day, and there are dozens of fronts in this effort to strengthen the presidency. Power naturally gravitates to the presidency in times of uncertainty. But people are going to question putting all of our trust in an unfetttered presidency.” Former Justice Department official Bruce Fein is more blunt. “Now they have a precedent that they can hold over Congress’s head,” he will say. “Like a loaded gun. Forever.” [Dubose and Bernstein, 2006, pp. 14-15]

Entity Tags: George W. Bush, Ted Stevens, Energy Task Force, John Dean, David Walker, Bruce Fein, Charlie Savage, Congressional Research Service, Brookings Institution, Richard (“Dick”) Cheney, Thomas Mann

Timeline Tags: US Environmental Record, Civil Liberties

Map of Iraqi oil fields included in released documents.Map of Iraqi oil fields included in released documents. [Source: Judicial Watch]The conservative government watchdog group Judicial Watch releases documents recently turned over by the US Commerce Department through a Freedom of Information Act (FOIA) request. The documents show some of the activities of the secretive energy task force chaired by Vice President Dick Cheney (the National Energy Policy Development Group—see May 16, 2001). Cheney and the White House successfully blocked Congress from learning even the most basic information about the task force’s activities (see February 22, 2002). The Commerce Department documents include maps of Iraqi oil fields and oil infrastructure, and other charts showing Iraqi oil and gas projects, and a document entitled “Foreign Suitors for Iraqi Oilfield Contracts.” Other maps and documents show detailed information about oil fields and infrastructure in Saudi Arabia and the United Arab Emirates. All of the documents are dated March 2001. Judicial Watch has sought these documents under FOIA since April 2001, and only secured them after a federal judge ordered their release in March 2002. (The Judicial Watch lawsuit was consolidated with a similar suit from the Natural Resources Defense Council.) Why the government waited over a year to release the documents, even after a court order compelling them to do so, is unclear. “These documents show the importance of the Energy Task Force and why its operations should be open to the public,” says Judicial Watch’s Tom Fitton. “This was not about national security. This was about an undersecretary talking to a lobbyist.” [Judicial Watch, 7/17/2003; Judicial Watch, 7/17/2003; Dubose and Bernstein, 2006, pp. 14-15] Authors Lou Dubose and Jake Bernstein call the Iraqi oil field documents “stunning,” and ask: “Why were the vice president and a group of oilmen poring over maps of Iraq long before there was any pretext to invade the country? Iraq’s oil was technically embargoed and under UN control—why make plans for divvying up oil reserves?” Dubose and Bernstein believe that Cheney may have been planning for US control of Iraq long before the Bush administration’s public push for war with that nation. Fitton is not so sure, but says worriedly: “We don’t know because we weren’t given the context. We have no way of knowing what they were deliberating.” [Dubose and Bernstein, 2006, pp. 14-15] Judicial Watch, with other public interest groups such as the Sierra Club, will continue to seek information about the Cheney task force (see December 15, 2003 and April 27, 2004).

Entity Tags: US Department of Commerce, Lou Dubose, Judicial Watch, Jake Bernstein, National Energy Policy Development Group, Natural Resources Defense Council, Richard (“Dick”) Cheney, Tom Fitton, Sierra Club

Timeline Tags: US Environmental Record, Events Leading to Iraq Invasion

The US Supreme Court agrees to hear Vice President Cheney’s appeal of a lower court ruling that found he must reveal documents pertaining to his 2001 energy task force (the National Energy Policy Development Group—see January 29, 2001 and May 16, 2001). Cheney lost the case, filed by the conservative government watchdog group Judicial Watch and the environmentalist organization the Sierra Club, in two lower courts, and has ramrodded the case into the Supreme Court with unusual alacrity—filing the Supreme Court appeal even before the appeals court had finished the case. Cheney’s lawyers from the Justice Department will argue that because of the Constitutional provision of separation of powers, the executive branch can and should keep all such information secret if it so chooses. Judicial Watch and the Sierra Club insist that because energy executives and lobbyists were involved in the task force policy deliberations, federal law mandates that lists of participants and details of the meetings should be made public. Over a year ago, District Court Judge Emmet Sullivan ruled that the White House should either turn over the documents or provide a detailed list of the documents it was withholding, and explain why. The White House has done neither, and instead appealed the decision. The US Court of Appeals refused to overturn Sullivan’s decision and ruled that Cheney had no legal standing to refuse the judicial order. Cheney disagreed, and appealed to the Supreme Court. The Court will hear arguments in the spring of 2004 (see April 27, 2004). Thousands of documents concerning the task force from the Department of Energy, the Environmental Protection Agency, and other federal agencies have already been turned over (see July 17, 2003), but no White House documents have been released. The Sierra Club has accused the Bush administration of trying to delay release of the information until after the November 2004 presidential elections. [Reuters, 12/15/2003]

Entity Tags: US Supreme Court, US Department of Justice, Sierra Club, Environmental Protection Agency, Emmet Sullivan, Bush administration (43), US Department of Energy, Judicial Watch, Richard (“Dick”) Cheney, National Energy Policy Development Group

Timeline Tags: US Environmental Record, Civil Liberties

The Supreme Court hears oral arguments for and against the release of records pertaining to Vice President Cheney’s energy task force (the National Energy Policy Development Group—see May 16, 2001). The case is Cheney v. US District Court for the District of Columbia (03-0475) (see December 15, 2003). Two public interest groups, the environmentalist Sierra Club and the conservative government watchdog organization Judicial Watch, have joined to argue for the release of the records, saying that because the task force deliberations included energy industry executives and lobbyists, the task force is subject to the Federal Advisory Committee Act (FACA), which requires disclosure of the work of advisory groups that include non-federal employees. Bush administration lawyers, spearheaded by Solicitor General Theodore Olson, argue that releasing those records would violate the concept of “separation of powers.” The administration also argues that releasing the records, most pertinently the meetings between Cheney, his aides, and officials from energy corporations and lobbying firms, would damage the White House’s ability to receive candid advice. “This case is about the separation of powers and the president’s discretion to receive the opinions of subordinates,” Olson tells the court; Olson has resisted submitting task force documents even to the Court, saying that even that so-called “discovery” process would violate the Constitutional separation of powers. Lawyers for the Sierra Club and Judicial Watch argue that Cheney’s contacts with industry executives and lobbyists were improper while he was developing government policy that benefited their businesses. They are demanding to know whether energy lobbyists helped shape the government’s long-term energy policies. Lower courts agreed with Judicial Watch and the Sierra Club, and Cheney, with the Justice Department, has successfully ramrodded the case into the Supreme Court with unprecedented speed.
Justices Question Breadth of Requests - Justice Antonin Scalia, who refused to recuse himself from deliberations after accompanying Cheney on a duck-hunting trip in January, is one of the justices most favoring the government’s case. But even more moderate justices such as Stephen Breyer and Ruth Bader Ginsburg question whether the information request is too broad and inclusive. As for the White House, it argues that neither the courts nor Congress have any right to make any inquiries into the decisions of federal agencies and officials. Sierra Club lawyer David Bookbinder says the White House appears to have violated laws supporting open government: “What the panel said to energy executives was: Help us decide what the energy policy should be. A line has been crossed because the process should have been transparent. The panel was inordinately influenced by the energy industry.” Cheney has said that the executive branch must defend itself against the “continual encroachment by Congress.” The White House has already turned over some 40,000 documents from the task force after a lower court ruling compelled it to do so (see July 17, 2003), but the lawsuit before the Supreme Court says that another 100,000 potentially relevant documents and files remain secret. [MSNBC, 4/26/2004; New York Times, 4/28/2004; CNN, 6/24/2004]
Cheney 'Beyond the Reach of the Law?' - In a legal analysis of the case, former Nixon White House counsel John Dean calls the case “extraordinary,” and notes that Cheney “contends that he is, in essence, beyond the reach of the law. It began as a set of rather pedestrian discovery matters in two consolidated civil lawsuits. Now, however, because of Cheney’s stance, it could be a landmark Constitutional decision.” Dean sees the case as an opportunity for Cheney, with the assistance of Olson and Scalia, “to expand executive powers.” [FindLaw, 3/26/2004]
Case Sent Back to Lower Court - The Court will vote to send the case back to the District of Columbia Appeals Court for further adjudication (see June 24, 2004). That court will rule in Cheney’s favor (see May 10, 2005).

Entity Tags: Stephen Breyer, Sierra Club, US Department of Justice, Ruth Bader Ginsburg, Theodore (“Ted”) Olson, US Supreme Court, Richard (“Dick”) Cheney, Judicial Watch, Antonin Scalia, David Bookbinder, Bush administration (43), John Dean, Federal Advisory Committee Act, National Energy Policy Development Group

Timeline Tags: US Environmental Record, Civil Liberties

In an 8-0 ruling, the District of Columbia Court of Appeals dismisses a lawsuit by the Sierra Club and Judicial Watch asking that the court require information to be disclosed from Vice President Cheney’s energy task force from 2001 (the National Energy Policy Development Group—see May 16, 2001). The US Supreme Court sent the case back to the appeals court (see April 27, 2004 and June 24, 2004). The appeals court ignores reports from the Government Accountability Office finding that energy executives and lobbyists took part in the task force deliberations (see After January 20, 2001, Mid-February, 2001, March 21, 2001, March 22, 2001, April 12, 2001, and April 17, 2001), and accepts the government’s contentions that the executive branch should not be forced to disclose information about its workings to either the legislative or judicial branches. Because no evidence was submitted that showed the energy executives or lobbyists cast votes or exercised veto power over task force decisions, the court rules, the task force is not obligated to comply with federal laws mandating that such governmental working groups reveal details of their deliberations. The executives and lobbyists are essentially no different than staff aides, the court finds. Cheney’s energy task force was not an advisory committee, and therefore “the government owed the plaintiffs no duty, let alone a clear and indisputable or compelling one,” says the court’s opinion. The court applies the Supreme Court’s standard of law as recommended in the case, a standard far more favorable to the executive branch than any previously applied in the case. Several of the appellate judges will later say that they took the Court ruling to mean that the judiciary should not be involved in a legal struggle with the executive branch. The ruling allows Cheney to keep the task force documents secret, and says that the task force is not bound by the Federal Advisory Committees Act (FACA). [Associated Press, 5/10/2005; Savage, 2007, pp. 176]
'Double Blow' - David Bookbinder, a lawyer for the Sierra Club, says, “The decision is not going to be helpful in assuring open and accountable government.” [Sierra Club, 5/15/2005] He says the ruling is a double blow: “As a policy matter, we see the Bush administration has succeeded in its efforts to keep secret how industry crafted the administration’s energy policy. As a legal matter, it’s a defeat for efforts to have open government and for the public to know how their elected officials are conducting business.” Judicial Watch official Chris Farrell will later say the ruling leaves the open-government laws “a hollow shell.” [Savage, 2007, pp. 176] The New York Times calls the decision “regrettable,” and observes, “The Bush administration hardly needs encouragement to deny public access to vital government information.” [New York Times, 5/15/2005]
Rejected Judicial Precedent - In 2007, author and reporter Charlie Savage will write: “The decision relied entirely upon the assertion of two Cheney aides that the lobbyists had not cast any votes, a claim no judge ever verified by looking at the records. The court’s ruling also dismissed arguments that ‘influential participation’ by outsiders made them de facto members of the task force whether or not they cast votes, rejecting the standard the courts had applied to the 1994 Clinton health care task force.” [Savage, 2007, pp. 176]

Entity Tags: Sierra Club, New York Times, Government Accountability Office, Judicial Watch, Bush administration (43), David Bookbinder, Federal Advisory Committees Act, National Energy Policy Development Group, Richard (“Dick”) Cheney

Timeline Tags: US Environmental Record, Civil Liberties

Congress passes the Energy Policy Act (EPA) of 2005. The EPA is the product of the secret Cheney energy task force (see January 29, 2001 and May 16, 2001). The act provides $14.5 billion in tax breaks for corporate energy providers, primarily oil, coal, and nuclear power companies. It contains an array of odd and obscure provisions helping industrialists, many generated by the lobbyists and corporate executives who helped craft the bill (see May 10, 2005). It does nothing to discourage consumption by raising fuel efficiency standards, and does little to address the sharply rising price of oil. What it does, primarily, is give huge financial and regulatory breaks to the energy industry. [Savage, 2007, pp. 360]

Entity Tags: Richard (“Dick”) Cheney, National Energy Policy Development Group

Timeline Tags: US Environmental Record

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