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House Oversight and Government Reform Chairman Henry Waxman, D-Calif., blasted President Bush Friday for invoking executive privilege on documents relating to the White House's involvement in EPA ozone regulations.

"I don't think we've had a situation like this since Richard Nixon was president -- where the [president] may have been involved in acting contrary to law," Waxman said.

The committee was scheduled to vote on holding EPA Administrator Stephen Johnson and Susan Dudley, head of OMB's Office of Information and Regulatory Affairs, in contempt for not issuing subpoenaed documents relating to a committee probe.

The panel is investigating the White House's decision to override Johnson's decisions involving stricter ozone standards.

The vote was postponed because the executive privilege claim would prevent the committee from obtaining the remaining documents it seeks. Waxman said he wanted to consult with committee members before deciding how to proceed.

In a letter to Waxman Friday, OMB Director James Nussle accused Waxman of a double standard, charging he was lenient during an investigation of possible White House political involvement in ozone standards during the Clinton administration. Nussle mentioned an April 18 letter sent from Waxman to Oversight and Government Reform ranking member Tom Davis, R-Va., that said the OIRA under Clinton withheld two documents, but had been "extraordinarily responsive" in that case because it had already turned over 3,800 pages of other material.

"It is curious that you are now unsatisfied to have received 'thousands of pages' of documents from OIRA in advance of your May 20 hearing," Nussle wrote. Nussle also criticized Waxman for not asking Dudley more pointed questions at a May 20 hearing.

In a letter to Bush, Attorney General Michael Mukasey cited case law to argue that the committee did not present a strong enough case that the subpoenaed documents are "demonstrably critical to the responsible fulfillment of the committee's functions." EPA Associate Administrator Christopher Bliley announced EPA would release 71 additional documents to the committee, including redacted copies related to White House communications.

COMMENTS

• Scott McClellan took a lot of flack for his book, but he is one of the few to sit before a Congressional panel under oath. The refusal to testify and use of executive privilege has made a mockery of the Constitution and government by the people. Anthony Weishar Posted June 23, 2008 9:20 AM
• Waxman is the biggest two-faced politician ever. He has an unequaled record at raiding the taxpayer's pocketbook in pushing legislation that takes effect 3-5 years later, particularly in Medicare/Health Care related areas. He thereby escapes any blame for runaway costs and deficits. He is NOT TO BE TRUSTED. Tom S Posted June 23, 2008 7:57 AM
• King George has made a joke of the Executive Branch. The U.S. needs to change to a Parlimentary form of government so the people can vote poor leadership out of office. Hermy Posted June 23, 2008 6:01 AM