Whitman to Testify Before Congress on 9/11 Air Quality

The eyes of New Jersey's 9/11 responders will be on Washington today as former governor and EPA Administrator Christine Todd Whitman will appear before a congressional committee to testify about her then-agency's role in protecting the safety of recovery workers in lower Manhattan during the days and weeks following the World Trade Center's destruction.

Whitman has been accused by some members of Congress, 9/11 recovery workers and their unions of misleading them about the levels of airborne toxins caused by the Twin Towers' collapse and for failing to ensure all recovery workers wore respirators. In fact, the chairman of the House Committee on the Judiciary, Subcommittee on the Constitution, Civil Rights, and Civil Liberties, Congressman Jerrold Nadler (D-NY) has called Whitman a liar.

In one of the few interviews she has given on the subject, Whitman told Millennium Radio in January 2006 that her agency acted in the best interest of the recovery workers and never misled them.

"I would say that the government was very straight and that we always, at least from EPA, I don't know what other elements of the government were saying to them, but EPA was very consistent in saying if you're working on that site, you need respirators," said Whitman. "Every statement that I made about the quality of air in New York always reflected that those working on the site, at Ground Zero, had to wear their respirators. The agency stepped beyond what its responsibilities were because really that was OSHA and the city, to say --and they were a part of a lot of those meetings-- to the workers they have to wear those respirators."

In an interview with WNBC-TV which aired on Sunday, Whitman accused former New York city Mayor Rudy Giuliani of blocking her efforts to force the recovery workers to wear respirators. She said New York city officials didn't want EPA workers wearing hazardous material suits because they "didn't want this image of a city falling apart." She claimed she warned the city of the risks almost every day.

New York city, the EPA and the Occupational Safety and Health Administration have been accused by workers of failing to protect their health. According to an EPA Inspector General's report in 2003, White House officials persuaded the EPA to downplay its assessment of the dangers posed by airborne dust and debris and to replace cautionary statements with reassuring ones in news releases.

"They took press releases that said there's a hazard here and changed them to say there is no hazard here," said Jonathan Bennett, the spokesman for the New York Committee for Occupational Safety and Health, a non-profit provider of occupational safety and health training to workers and unions in our area. "The [report] actually had quotes from the original press releases that the EPA professional staff wanted to put out, and quotes from the original press releases after they had been blue-penciled by the White House staff."

Bennett rejected Whitman's argument that the responsibility for making workers wear respirators fell solely on the city.

"The federal government had the power to prevent people from going on the site not wearing respirators. It had the power to remove people from the site who weren't wearing respirators," Bennett said. "Whitman issued a statement that said the air was safe to breath, and then later on the same day she said she was only talking about the World Trade Center site." Bennett said Whitman was essentially parsing words instead of clearing stating the dangers posed by the air.

Previous for relevance:

http://www.house.gov/list/press/ny08_nadler/WhitmanProsecuted091306.html
Representative Jerrold Nadler
Press Releases for the Eighth Congressional District of New York
For Immediate Release Contact: Amy Rutkin
September 13, 2006 212-367-7350

Will Whitman Be Prosecuted for 9/11 Lies?

Reps. Nadler, Weiner & Pascrell Request Special Counsel to Investigate Whether
Criminal Charges Should be Filed

NEW YORK – Congressman Jerrold Nadler (D-NY), Congressman Anthony Weiner (D-NY) and Congressman Bill Pascrell, Jr. (D-NJ) today wrote Attorney General Alberto Gonzalez requesting that a Special Counsel be appointed to investigate whether criminal charges should be brought against former EPA Administrator Christine Todd Whitman, and against other government officials, for taking actions that may have endangered the lives of thousands of people following the September 11th, 2001 terrorist attack on the World Trade Center in New York.

“Christie Whitman repeatedly declared the air safe, and now thousands of people are sick, and some have died, from World Trade Center contamination,” said Rep. Nadler. “To add insult to injury, she just went on 60 Minutes and tried to blame everybody else for her misdeeds. She must be held accountable,” he added.

“Christie Whitman lied to the public about the health hazards at Ground Zero and endangered lives,” said Rep. Weiner. “We must ensure that the accountability for these actions is not lost in a cloud of finger-pointing. Only with the appointment of a special prosecutor with subpoena power can an independent investigation occur and, if necessary, criminal charges be brought against those responsible.”

“The betrayal of the public, the first responders and all those who courageously volunteered at ground zero following this brutal attack is unconscionable,” stated Rep. Bill Pascrell, Jr. “Justice must be served. The lies and deceit have caused the deaths of men like James Zadroga, and caused thousands of others to become gravely sick. This Administration abandoned the very patriots who embodied our sense of national pride during a critical moment in American history. Now the Administration is failing to uphold our justice system. The reprehensible negligence and deception that has characterized the federal response to this real environmental health hazard is abhorrent. It is morally incumbent upon Attorney General Gonzalez to initiate the independent investigation that we have demanded.”

In August, 2003, Rep. Nadler asked the Department of Justice to initiate a federal investigation of Ms. Whitman’s response to World Trade Center contamination following 9/11. That request was based on EPA’s negligence and wrongdoing that has been well documented, culminating in a report that year by the EPA Inspector General that also found that the White House instructed EPA to downplay air quality concerns. To our knowledge, DOJ never opened an investigation of this matter.

Today, Reps. Nadler, Weiner, and Pascrell renewed the call for a special counsel in light of several recent developments. A class action lawsuit was filed by residents, workers and school children against the EPA, and against Ms. Whitman personally, for taking actions and making statements that knowingly placed the victims in the way of harmful contamination. A federal judge ruled that the case against not only the government, but against Ms. Whitman personally, can go forward, and stated that Ms. Whitman’s actions “shock the conscience.” Two internal government memos were recently obtained under a Freedom of Information Act request, which reveal that the EPA knew the air around Ground Zero was unsafe. In addition, Ms. Whitman may have had a financial conflict-of-interest, and perhaps should have recused herself from the World Trade Center case.

“Unfortunately, the Department of Justice cannot investigate this matter. Since the Department’s refusal to initiate an investigation two years ago, DOJ decided to represent the EPA and Ms. Whitman personally in the class action suit brought by residents, workers and students from New York,” the Members wrote. “Therefore, only a special counsel can independently review this case and consider bringing charges against Christine Todd Whitman and other officials who recklessly endangered the lives and health of thousands of American citizens and heroes.”

The full text of the letter can be found below. The attachments referenced in the letter can be obtained upon request.

September 13, 2006

The Honorable Alberto Gonzales
Attorney General
Department of Justice
950 Pennsylvania Avenue NW
Washington, D.C. 20530

Dear Attorney General Gonzales:

We write to request that a special counsel be appointed to investigate whether criminal charges should be brought against former Environmental Protection Agency (EPA) Administrator Christine Todd Whitman, and against other government officials, for taking actions that may have endangered the lives of thousands of people following the September 11th, 2001 terrorist attack on the World Trade Center in New York.

In August, 2003, Rep. Nadler asked the Department of Justice (DOJ) to initiate a federal investigation of Ms. Whitman’s response to World Trade Center contamination following 9/11. That request was based on EPA’s negligence and wrongdoing that has been well documented, beginning with the EPA Ombudsman investigation, which resulted in two eleven-hour hearings in February and March of 2002, the transcripts of which are publicly available. Following these hearings, Rep. Nadler issued a White Paper in April, 2002, which documented Ms. Whitman’s negligent actions, and identified what EPA should have done, and was legally mandated to do, but failed to do in the days following the World Trade Center attack (attachment #1). In 2003, the EPA Inspector General confirmed EPA’s wrongdoing, but also found that the White House had instructed EPA to downplay air quality concerns. Unfortunately, despite convincing evidence of potential criminal malfeasance by the Federal Government in this matter, to our knowledge DOJ never responded to this request for an investigation.

Since that request in 2003, even more evidence has been uncovered that highlights the need for a special counsel. In 2004, a class action lawsuit was filed by residents, workers and school children against the EPA, and against Ms. Whitman personally, for taking actions and making statements that knowingly placed the victims in the way of harmful contamination. A federal judge ruled that the case against not only the government, but against Ms. Whitman personally, can go forward, and that “Whitman’s deliberate and misleading statements made to the press, where she reassured the public that the air was safe to breathe around Lower Manhattan and Brooklyn, and that there would be no health risk presented to those returning to those areas, shock the conscience” (Benzman v. Whitman, 2006 U.S. Dist. LEXIS 4005 (S.D.N.Y. Feb. 2, 2006)). The judge also stated that “No reasonable person would have thought that telling thousands of people that it was safe to return to Lower Manhattan, while knowing such return could pose long-term health risks and other dire consequences, was conduct sanctioned by our laws,” (Ibid).

In addition, internal government memos were recently obtained by Joel Kupferman of the New York Environmental Law & Justice Project, under the Freedom of Information Act, which reveal that the EPA knew that the air was unsafe. In a memo dated October 5, 2001, the Chief of the Response and Prevention Branch for the EPA wrote “Air sampling by EPA and others indicates that asbestos and other contaminants are present in the air at the WTC,” (attachment #2). In another memo dated October 6, 2001, Kelly McKinney of the NYC Health Department wrote, “EPA has been charged with leading the air quality sampling effort,” but that “EPA has been very slow to make data results available and to date has not sufficiently informed the public of air quality issues arising from this disaster” (attachment #3). Mr. McKinney went on to write that although people were being allowed back into buildings in the surrounding neighborhood, “DEP believes the air quality at those locations is not yet suitable for reoccupancy.” Responsible officials never revealed this information to the public, and they allowed people to be exposed to this harmful contamination. Throughout this time, Ms. Whitman and other EPA officials repeatedly declared the air safe, despite the Agency’s evidence to the contrary.

It is also troubling that Ms. Whitman may have had a financial conflict-of-interest, and perhaps should have recused herself from the World Trade Center case. Ms. Whitman’s husband worked for Citigroup, which owns Traveler’s Insurance, and Ms. Whitman’s financial disclosure form shows that she and her husband own hundreds of thousands of dollars in Citigroup stock (attachment #4). According to news reports, Traveler’s Insurance paid at least $500 million in claims related to 9/11, and faced thousands of other potential claims from people who suffered physical damage or had damage done to their homes and businesses. At the EPA Ombudsman hearings, people testified that insurance companies denied claims, citing EPA’s declaration that the air was safe. Ms. Whitman’s recusal letter to the Ethics office clearly states that she will recuse herself from matters involving the Port Authority of New York & New Jersey, but curiously, does not state that she will recuse herself from matters involving Citigroup (attachment #5). As you know, the Port Authority owns the World Trade Center site, yet Ms. Whitman did not recuse herself from the case despite her connection to the Port Authority and to Citigroup. When the EPA Ombudsman raised the financial conflict-of-interest issue, as well as other problems with the Agency’s response to 9/11, Ms. Whitman closed the Ombudsman’s office and shut down its investigation. This matter should be investigated to determine if Ms. Whitman violated the conflict-of-interest statute in 18 USC §208 or any other related provision of law.

Despite the public outcry for justice for the 9/11 victims, Ms. Whitman continues to misrepresent the facts. In a recent interview on 60 Minutes, Ms. Whitman claimed that her many public comments that the air was safe were not meant to apply to Ground Zero (”the pile”), but only to the air in Lower Manhattan (”across the street”). Ms. Whitman stated, “Everything that the scientists were telling us. That the air — ambient air quality in lower Manhattan, this was not about the pile, this was about lower Manhattan — the readings were showing us that there was nothing that gave us any concern about long-term health implications.” However, the above referenced Memos, the EPA IG Report, and other documents, prove this to be a false statement. To add insult to injury, she tried to shift the blame to the Giuliani Administration, and shockingly, even to the people exposed to WTC contamination stating “You know, it’s hard to know when people, people hear what they wanna hear.”

The reality is that Ms. Whitman repeatedly declared the air safe, and now thousands of people are sick, and some have died, from World Trade Center contamination. Studies come out every year showing that more than a majority of people exposed to 9/11 dust and debris suffer adverse health effects. On September 5, 2006, Mt. Sinai Medical Center released a study that found 70% of first responders suffer lung problems because of their work at Ground Zero. Information collected about the health effects on residents, people who work in the area, and school children show similar patterns.

Unfortunately, the Department of Justice cannot investigate this matter. Since the Department’s refusal to initiate an investigation two years ago, DOJ decided to represent the EPA and Ms. Whitman personally in the class action suit brought by residents, workers and students from New York. Therefore, only a special counsel can independently review this case and consider bringing charges against Christine Todd Whitman and other officials who recklessly endangered the lives and health of thousands of American citizens and heroes.

Sincerely,

Jerrold Nadler Anthony D. Weiner Bill Pascrell, Jr.
Member of Congress Member of Congress Member of Congress

Attachments

###

Updates:

http://www.1010wins.com/pages/612660.php?contentType=4&contentId=636724

Whitman Testifies About Sept. 11 Air Quality, Fires Back at Critics

Ex-EPA chief Christie Whitman on Monday defended her former agency over assurances she made after the Sept. 11 attacks that the air around ground zero was safe to breathe.

At a hearing where she faced some of her toughest Congressional critics, Whitman denounced what she called "misinformation, innuendo, and outright falsehoods'' leveled against her and the EPA.

"There are people to blame. They are the terrorists that attacked the United States, not the men and women of all levels of government,'' said Whitman.

Rep. Jerrold Nadler, a Democrat whose district includes the World Trade Center site, called the hearing after years of criticizing federal officials for what he charges was a negligent and incomplete cleanup effort. He opened the session saying, "The administration has continued to make false, misleading and inaccurate statements, and refused to take remedial actions, even in the face of overwhelming evidence.''

A delegation of activists and Sept. 11 rescue workers boarded a bus in Manhattan early Monday to be present for the hearing that looks into the work of the Environmental Protection Agency when Whitman was in charge.

"People are still outraged,'' said community activist Kimberly Flynn. "This is our chance to see Christie Todd Whitman and EPA be held accountable for denying the dangers and the dust and the smoke that has damaged so many people's health. We are stunned that she's sticking to her story.''

Whitman, the main focus of much of that criticism, has for years defended her role at the agency, insisting her public assurances that the "air is safe'' were aimed at those living and working near ground zero, not those who actually toiled on the toxic pile.

Whitman claims her agency repeatedly warned those workers and top city officials that rescue and recovery workers needed to wear protective gear.

Since the attacks, independent government reviews have faulted the EPA's handling of the immediate aftermath and the agency's long-term cleanup program for nearby buildings. The 9/11 commission found no evidence that the EPA was pressured to say the air was safe to permit the city's financial markets to reopen.

More than five years after the attacks, researchers are developing evidence of the long-term health effects.

A study of more than 20,000 people by Mount Sinai Medical Center in New York concluded that since the attacks, 70 percent of ground zero workers suffered some sort of respiratory illness.

A separate medical study released last month found that rescue workers and firefighters contracted sarcoidosis, a serious lung-scarring disease, at a rate more than five times higher than in the years before the attacks.

http://www.nj1015.com/absolutenm/templates/?a=7088&z=1
Before Congress, Whitman Defends Record As EPA Chief Post-9/11

Tuesday, June 26, 2007 - Millennium Radio New Jersey

In her first public testimony on the response to the terrorist attacks of September 11, 2001, former EPA Administrator and New Jersey governor Christine Whitman steadfastly defended her agency’s actions in the days immediately after the destruction of the World Trade Center in the face of allegations her assurances misled the public and legions of recovery workers about the dangers of airborne toxins.

“I fully appreciate that the events of 9/11 touch raw emotions, but I am disappointed at the misinformation, innuendo and outright falsehoods that have characterized the public discussion about EPA in the aftermath of the terrorist attacks,” said Whitman in her opening statement, a direct counter to the contentions of her critics. “EPA’s most extreme critics have alleged I knowingly misled New Yorkers and the workers at Ground Zero about the safety risks associated with environmental contamination.” Whitman pointed to a 2003 report by the EPA Inspector General which found her agency “did not conceal any of our test data from the public.”

That report also supplied critics ammunition to question whether Whitman allowed the White House to downplay assessments of airborne toxins in EPA press releases issued days after the attacks. The chairman of the House Committee on the Judiciary, Subcommittee on the Constitution, Civil Rights, and Civil Liberties, Congressman Jerrold Nadler (D-NY) asked Whitman to explain why the press releases didn’t reflect test results on air samples which showed dangerous levels of asbestos.

“Mr. Chairman, I’m not going to try to go back almost six years now to second-guess the scientists at the time,” Whitman said.

Most of the proceedings were civil. There were few moments of hostility between Whitman and Democrats on the committee. At times, members of the public sitting in the rows behind her booed and hissed. In the end, Whitman did not waver from her long-held view that the government warned those working on “the pile,” as Ground Zero came to be known, to use respirators, while elsewhere in lower Manhattan the air was safe to the general public.

“There are indeed people to blame,” Whitman said. “They are the terrorists who attacked the United States, not the men and
women at all levels of government who worked heroically to protect and defend this country.”

When asked why the EPA didn’t take over the World Trade Center site in order to force recovery workers to wear respirators, Whitman explained her agency didn’t believe it had the legal basis to do so. She said tests of air samples failed to show “substantial and imminent danger” to public health, which was the legal requirement for invoking a law that would have allowed the EPA to claim jurisdiction over Ground Zero.

“The readings we were getting, and this was relative to the overall air, I’m talking more about outside the pile, were not indicating that,” Whitman testified. “And we were working in a collegial fashion with the city of New York. I’m not sure the public would have stood for my taking New York to court to take federal control of the site.”

In his opening statement, Naddler, who has called Whitman a liar, said the Bush administration “has continued to make false, misleading and inaccurate statements, and refused to take remedial actions, even in the face of overwhelming evidence.”

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