Inspector Waxman's Inquest
The California Democrat and his pals have lots to ask the Bush administration
Rep. Henry Waxman and the Democratic detectives are back on the case. That was the message last week from the diminutive, soft-spoken California congressman and his powerful House Oversight and Government Reform Committee, which grilled 29 different witnesses on everything from Iraq reconstruction and military and homeland security contracts to prescription drug pricing. Waxman says he's focusing on waste, fraud, and abuse, and his committee holds unique subpoena power, so these days, Waxman is one of the most feared representatives in Washington. "I suppose some people have had a free ride for the last six years," he allowed after three hours of questioning, "when Congress wasn't asking some of the questions."
A tough assessment perhaps, but Democrats want to make this much clear: The Bush administration is going to be answering a lot of questions. Elected with a mandate to clean up Washington, congressional Democrats on oversight committees across Capitol Hill are still just revving up; many are hiring staff and deciding what exactly to investigate. Those investigations can take months, and the showdown hearings could be a long way off. But investigations are coming. Lots of them. And potential targets from the White House to private corporations are keeping a close eye on Congress and hiring new attorneys just in case they come under the spotlight.
Waxman, a 32-year veteran of Congress with a lengthy record of hearings and legislation, is one of those leading the charge. He wrote the Clean Air Act in 1990, and four years later, he presided over a hearing during which the nation's top cigarette makers said smoking wasn't addictive, testimony that led to a flurry of lawsuits. While he was in the minority, his staff of 40-now 80-produced roughly 2,000 reports. "He is very systematic," says Rep. Elijah Cummings, a Maryland Democrat.
Already at one Waxman hearing, the Army announced it would withhold $19.6 million from the Halliburton Co. The Army had told congressional investigators until last week that it couldn't find evidence Halliburton had hired Blackwater USA, a firm Waxman is investigating that provides private guards-a potential breach of Halliburton's Iraq reconstruction contract with the Army. Last week, the Army said it did find evidence that Halliburton hired Blackwater; Halliburton denies wrongdoing. "There doesn't have to be one 'gotcha' moment," says Rep. Chris Van Hollen, a Maryland Democrat, for the public "to understand that Congress is doing its job." Republicans, so far, are bristling at some of the hearings. "It's old news," carped the top Republican, Rep. Tom Davis. Added Rep. Darrell Issa of California: "I hope [Waxman] would do more of recognizing what we did in the past."
Targets. But the way the Democrats see it, the Bush administration had a free pass from a Republican Congress for six years. So they're gearing up. Democratic Rep. Ike Skelton, chairman of the House Armed Services Committee, has a revamped oversight panel. Rep. John Dingell, atop the Energy and Commerce Committee, has suggested many areas to investigate, including drug and food safety regulations. "There is an abundance of riches," says Rep. Bill Delahunt of Massachusetts, who leads an international relations oversight panel. "There are so many beats. There is still an insufficient number of cops."
A real flash point could come if the Bush administration claims executive privilege and withholds information from Democratic investigative committees. "The rubber hasn't hit the road yet," says Stan Brand, a longtime lawyer with House Democrats. But an inkling of that struggle emerged last week when Ambassador Timothy Carney, the new overseer of Iraq reconstruction projects, did not appear before Waxman. The State Department said Carney was working in Iraq, but Waxman left an empty seat for him at the table and declared, "The chair won't be empty for too long." Presidential advisers say they'll be relying on new White House counsel Fred Fielding, a Ronald Reagan and Richard Nixon hand; he has a reputation for defending executive branch powers, working with Congress, and taking the public relations side of the job seriously. "Fred's advice is to be as cooperative as we can," says a longtime associate. One concern of Bush advisers is that the administration not appear to be obsessed with secrecy; another is dealing with Vice President Dick Cheney and his acolytes, fierce defenders of executive prerogatives.
Meanwhile, though, Waxman and his colleagues have a packed schedule. This week's topics: Iraq reconstruction, whistle-blower protection, and the Freedom of Information Act. And plenty more to come.
With Kenneth T. Walsh
This story appears in the February 19, 2007 print edition of U.S. News & World Report.