When Rep. Darrell Issa (R-CA) took over as chairman of the House Oversight and Government Reform Committee early last month, Democrats braced for an onslaught of investigations of the Obama administration and rash of subpoenas.
So far, the subpoenas have been very few in number — just three to date and all sent last week. But Democrats already aren’t liking what they’re seeing and don’t want to let them go without a fight.
Rep. Elijah Cummings (D-MD), the ranking member of the House Oversight and Government Reform Committee, is accusing Issa of sending the subpoenas unilaterally without consulting Democrats adequately — what constitutes a break in committee history, tradition and the bipartisan manner in which Issa has pledged to run the panel. He sent Issa a letter Thursday outlining his concerns.
Instead of requesting the information and working with Democrats and administration officials to come to an agreement as Issa pledged to do at the beginning of this Congress, Cummings and other committee Democrats argue Issa is more interested in scoring political points and rushing shallow investigations intended to grab headlines, not improve government.
“The abrupt manner in which you issued all three subpoenas over the past week has been inconsistent with this commitment,” Cummings wrote. “The coercive power of this committee should be used only when the purpose of the subpoenas is clear and reasonable efforts to obtain the information have been exhausted. Subpoenas should not be issued in a rushed and confused manner that leaves members of the committee wondering whether they serve legitimate interests.”
Cummings said he wrote the letter to request that he and Issa work together to develop a “better process of meaningful consultation in order to ensure that the committee exercises its subpoena authority responsibly.”
Issa spokesman Kurt Bardella told TPM he just received the letter and is reviewing it.
The most controversial subpoena of the trio was sent last week to Bank of America, which purchased Countrywide, requesting a broad swath of mortgage documents related to Countrywide’s infamous VIP mortgage program. The dragnet coud ensnare a number of members of Congress and their staff who benefited from the perks of the program instituted by Countrywide’s then-CEO Angelo Mozilo.
So far, Sen. Kent Conrad (D-ND) and former Sen. Chris Dodd (D-MA) are the only lawmakers to face any real scrutiny for benefiting from the program. After a year-long investigation, the Senate Ethics Committee in August 2009 found they did not violate any ethics rules but said they should have used better judgement when dealing with the mortgage giant.
This week, Issa issued two more subpoenas — this time to the Department of Homeland Security requiring employees to testify at depositions March 7 and March 8 about the Department’s FOIA policies and practices. Issa is looking into allegations that DHS is politicizing the FOIA process by delaying responses based on who is requesting them.
“Based on your public statements and the underlying facts, all three subpoenas appear unnecessary at this time and could have been avoided if you had adequately consulted with me and other members of the committee,” said Cummings.
At the panel’s first meeting January 25th, Issa pledged to committee members that he would consult with them prior to issuing subpoenas, and Cummings and other Democrats expressed deep concern that Issa would not live up to the pledge. Now, Cummings says, their fears are proving all too true.
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“Despite this promise, your record is now 0 for 3, and this has resulted in confused, rushed, and unnecessary subpoenas,” said Cummings.
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Issa had been considering a subpoena for documents he requested from DHS in two letters in January and February, but Cummings said he abandoned that plan Friday afternoon after meeting with Cummings and speaking directly with DHS Secretary Napolitano.
Late update: Issa spokesman Kurt Bardella brushed aside Cummings’ complaints as just continuing sour grapes.
“Another day, another complaint and more righteous indignation, what else is new?” Bardella said.
He also provided a detailed timeline, which he said shows the subpoenas weren’t rushed. We’re reviewing the timeline.
