Thanks, Mike.
What happened when an industry-friendly EPA leader in the ’80s went too far
Neil Gorsuch’s mother once ran the EPA. It didn’t go well.
The Superfund law was passed by Congress in 1980 and became law with 160 sites designated for priority cleanup. Gorsuch was cited for contempt of Congress in 1982 on a 259-105 vote. Gorsuch was the first Cabinet-level federal official ever cited for contempt of Congress. She was threatened with impeachment. https://library.cqpress.com/cqalmanac/document.php?id=cqal82-1163135. (Congressional Quarterly)
The Reagan Justice Dept refused to prosecute because, citing executive privilege, the department argued that production of the documents sought by the House would “unconstitutionally contravene” the privilege of the executive branch to “ensure the confidentiality of its law enforcement files and its deliberative process.”
Reagan, in a Nov. 30 communication to Gorsuch, wrote:
The constitutional question of executive privilege was not resolved at the time. Executive privilege and Congress' subpoena power is the basis for a Trump appeal to SCOTUS on which her son sits.
Executive privilege, Congress’ subpoena power, and the courts: A brief overview of a complex topic (SCOTUS blog)
That decision may well impact any Congressional attempt to obtain documents relating to the Midland cleanup overseen by Dow's "dioxin lawyer" to "ensure the confidentiality of its law enforcement files and its deliberative process” in Reagan's Justice Department's words.
What happened when an industry-friendly EPA leader in the ’80s went too far
Neil Gorsuch’s mother once ran the EPA. It didn’t go well.
The Superfund law was passed by Congress in 1980 and became law with 160 sites designated for priority cleanup. Gorsuch was cited for contempt of Congress in 1982 on a 259-105 vote. Gorsuch was the first Cabinet-level federal official ever cited for contempt of Congress. She was threatened with impeachment. https://library.cqpress.com/cqalmanac/document.php?id=cqal82-1163135. (Congressional Quarterly)
The Reagan Justice Dept refused to prosecute because, citing executive privilege, the department argued that production of the documents sought by the House would “unconstitutionally contravene” the privilege of the executive branch to “ensure the confidentiality of its law enforcement files and its deliberative process.”
Reagan, in a Nov. 30 communication to Gorsuch, wrote:
“Because dissemination of such documents outside the executive branch would impair my solemn responsibility to enforce the law, I instruct you and your agency not to furnish copies of this category of documents to the subcommittees in response to the subpoenas.”
The constitutional question of executive privilege was not resolved at the time. Executive privilege and Congress' subpoena power is the basis for a Trump appeal to SCOTUS on which her son sits.
Executive privilege, Congress’ subpoena power, and the courts: A brief overview of a complex topic (SCOTUS blog)
That decision may well impact any Congressional attempt to obtain documents relating to the Midland cleanup overseen by Dow's "dioxin lawyer" to "ensure the confidentiality of its law enforcement files and its deliberative process” in Reagan's Justice Department's words.
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