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Bush DOE Granted Enron Waiver of Securities and Liability Regulations
Federal Register | May 15, 2001

Posted on 01/12/2002 9:35:48 AM PST by vmatt

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To: Southern Federalist
Yes, on the organizational chart the FERC is not under the Secretary of Energy appointed by the president but parallel to him. I'm glad you take my point. Those who need a further example might consider how much leverage Bush seems currently to have with the U. S. Civil Rights Commission.

I get your point but I disagree with it. All these agencies are within the executive branch of government. Not for one minute do I believe they don't answer to the President, not that it doesn't benefit one or the other to put some political distance between them now and then. Seems you may have fallen for it.

201 posted on 01/15/2002 2:58:11 PM PST by vmatt
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To: vmatt
You speak very pityingly of my ignorance in "falling for" the idea that Bush does not control the FERC, but you offer no facts, no data, only your own convictions. Please, enlighten me further. I would like to know just what pull you think the President has with a commission that is shielded from his influence by law, none of whose members he had appointed at the relevant point in time? He can't fire any of them before their term ends. So please, tell me, what is the secret of this control that you think he exercises? What is the mechanism, where does he get his leverage?

These commissions were established for the very reason of having within the executive branch agencies which do not answer to elected officials. I think it's a weird idea in a republic, to deliberately create oligarchies within its structure, but that's the idea.

Above all, I want to know why the President is having to take Chairwoman Berry of the Civil Rights Commission to the courts even to get her to abide by the law. Your post seems to suggest that old Dubya and Mary Frances got together and smoked a few cigars in a secret room of the White House and cooked this spat up to fool the rubes into thinking it isn't Dubya pulling the strings all the time.

As far as I can see, I have cited facts, including the organizational chart you posted, while you have asked that I take your unsupported opinion for fact.

202 posted on 01/15/2002 4:38:26 PM PST by Southern Federalist
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To: Southern Federalist
Nice shots all. One fact you brought up I want to delve into a little. By the way I agree totally with your statement on oligarchy and believe that is what our government has become. However, you make my point with the CRC and a close review of what exactly is going on here is quite revealing. This is legal and political maneuvering at it's best and proves that these commissions are indeed under executive branch control and this could be considered one of the most devisive and unfriendly to Republicans. Ms. Berry mentions federal marshalls forcing Bush's orders and this is exactly the power Bush has and the only thing stopping him would be negative publicity. You wouldn't characterize this as an agency "shielded by law from politics" would you? Imagine the power Bush has over agencies already under political control.

Your post seems to suggest that old Dubya and Mary Frances got together and smoked a few cigars in a secret room of the White House and cooked this spat up to fool the rubes into thinking it isn't Dubya pulling the strings all the time.

The Republicans on these commissions certainly do I posit, particularly if they want the favor of the presiding administration and possible future job considerations.

December 6, 2001 Politics Dispute Erupts Over Seat on Civil Rights Panel

By KATHARINE Q. SEELYE

ASHINGTON, Dec. 5 — The White House set up a confrontation with the United States Civil Rights Commission today, declaring a vacancy on the commission and appointing its own candidate even though the commission chairwoman said a vacancy did not exist.

The chairwoman, Mary Frances Berry, said she would not administer the oath of office to the White House candidate. Moreover, a White House official said that Ms. Berry told him that the White House would have to send in federal marshals to seat the candidate when the commission meets on Friday.

The White House said that President Bush was nominating Peter N. Kirsanow, a Cleveland labor lawyer and chairman of the Center for New Black Leadership, to the commission.

But the White House and Ms. Berry disagree over whether a vacancy exists. Victoria Wilson was appointed to the commission in January 2000 to fill the unexpired term of the late Judge A. Leon Higginbotham Jr. The White House says Ms. Wilson's term expired Nov. 29, when the term of Judge Higginbotham, who died in 1998, would have expired. Ms. Berry says that Ms. Wilson was appointed to a six-year term in her own right.

Both Ms. Wilson and Mr. Kirsanow are expected to appear at the commission's meeting on Friday.

At stake is the degree of control that Ms. Berry would have.

"If we lose the seat, and if the Republicans appoint her replacement, the commission would be deadlocked 4-4," said Christopher Edley, a Democratic appointee to the commission and a Harvard lawyer. "The history for most of the Clinton administration was that a deadlocked commission gets very little of moment accomplished."

The clash with the Bush administration has its roots in the commission's report released this year on the 2000 presidential election in Florida. A majority of the commission concluded that George W. Bush won Florida, and the presidency, because of "a pattern and practice of injustice, ineptitude and inefficiency" by election officials that denied blacks the right to vote.

Today's moves were striking for the political brinkmanship evident between Ms. Berry and Alberto R. Gonzales, the counsel to President Bush.

The White House today released a letter from Mr. Gonzales to Ms. Berry in which he recounted a telephone conversation with her on Tuesday and drew stark battle lines with little room for compromise. Among other things, he suggested that someone else could swear in Mr. Kirsanow.

He added: "You state that, even if Ms. Wilson's successor has been lawfully appointed and has taken the oath of office, you will refuse to allow him to be seated at the commission's next meeting. You went so far as to state that it would require the presence of federal marshals to seat him."

Ms. Berry said tonight Mr. Gonzales had "totally mischaracterized" their conversation. She said that she had told him "that our counsel had advised me that Ms. Wilson's term ran to January 2006, and that until I was advised differently, that the commission would not swear anyone else in or seat anyone because there was no vacancy."

Anne Womack, a White House spokeswoman, said: "We hope this can be resolved in a cordial manner. The law is very clear that Ms. Wilson's term has expired."

Ms. Berry, asked of her plans for the Friday meeting, said she had none.

"This is not about me, personally," she said. "It's about the commission — its independence, its integrity."

203 posted on 01/16/2002 4:41:58 AM PST by vmatt
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To: vmatt
I can't find a fact that supports your case anywhere in your long post. The story you post supports my point, that these commissions are not under presidential control. Berry's remark about federal marshalls was a provocation, not a serious prospect. Bush would be stopped from doing that by Federal Courts, not merely bad publicity. She has enough autonomy from him that he can't just fire her or remove her from the building. She is not an ordinary executive branch employee. The point is that Bush can't settle this by himself - he has to take her to court, even though she is manifestly breaking the law.

I think we've just about beat this thing down to the ground. Readers will make their own judgments about our arguments, and we aren't going to convince on another. FR is a big forum and I'm sure we both have other fish to fry.

204 posted on 01/16/2002 12:12:19 PM PST by Southern Federalist
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Comment #205 Removed by Moderator

To: Southern Federalist
FR is a big forum and I'm sure we both have other fish to fry.

Thanks, interesting discussion. I smell fish burning.

206 posted on 01/16/2002 12:39:33 PM PST by vmatt
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To: vmatt
What if....

Ahh. Finally, the core of every really good conspiracy.

What if Bush replaced all the Clinton DOE appointees with extra-terrestrial clones programmed to comply only with his subconscious thoughts?

207 posted on 01/16/2002 12:45:00 PM PST by been_lurking
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To: been_lurking
What if Bush replaced all the Clinton DOE appointees with extra-terrestrial clones programmed to comply only with his subconscious thoughts?

What if you had a point other than quoting out of context remarks?

208 posted on 01/16/2002 12:51:11 PM PST by vmatt
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