Ever since Jimmy Carter became a lame duck after the 1980 elections, outgoing presidents have proposed “midnight regulations” in the final weeks of their term. The Bush Administration is keeping up the tradition, and how. Elizabeth Kolbert at The New Yorker has a partial list that gives us a flavor:

The Administration has proposed rules that would: make it harder for the government to limit workers’ exposure to toxins, eliminate environmental review from decisions affecting fisheries, and ease restrictions on companies that blow up mountains to get at the coal underneath them. Other midnight regulations in the works include rules to allow “factory farms” to ignore the Clean Water Act, rules making it tougher for employees to take family or medical leave, and rules that would effectively gut the Endangered Species Act.

ProPublica is compiling a more thorough list. As Kolbert writes, they are less “regulation” as they are “deregulation.”

Joaquin Sapien at ProPublica points out some helpful tips and Web sites that can help with the usually arduous process of tracking rule changes in the federal bureaucracy. Naturally, he points to OMB Watch as a great resource. He also points to various federal sources, other Web sites and search engines. ProPublica has devised a helpful flow chart to show “how the sausage is made.” And he ends the article with the caveat that the online tools are notoriously cumbersome and not that easy to use.

But all of this begs the question, why is all of this so bloody difficult? These are important rules. It all should be much more open, transparent and easy to use.

Update: Sapien followed up his article with another asking whether the Obama Administration can “turn back the clock on Bush’s midnight rules?” The short answer is yes and no. “The problem with what the Bush administration is doing is that these rules are extremely cumbersome to adopt, and they are every bit as cumbersome to undo,” Sapien quotes David Vladeck, an administrative law professor at Georgetown University. “It condemns the next administration to spend years fighting on the old administration’s agenda.”

The article points to the 12-year old Congressional Review Act, which “allows Congress to vote to disapprove any rule finalized within about six months before Congress adjourns.” But as Sapien reports, it has only struck down only one of the nearly 50,000 rules submitted to Congress since the act has been in effect. Ugh! Those sure aren’t good odds.

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The food industry’s heavy lobbying over the past few years to reduce regulation and paperwork has turned into a “monkey’s paw” of sorts. As the AP says, “Be careful what you wish for; lest it may happen,” is certainly the lesson to be gleaned from the stupifying, and expected, blowback the food industry is receiving right now from their long lobbying effort. Here’s the run-down:

The food industry pressured the Bush administration to reduce paperwork that would have aided health investigators “quickly trace produce that sickens consumers.” The Bush administration also killed a plan to require electronic filing that would enable regulators and investigators to more rapidly search for the source of a food contamination outbreak in the case of an outbreak. The food industry spent millions on lobbying to stop these regulations, as evidenced in this chart from OpenSecrets.org:

The food companies worried about the costliness of these proposals and labeled them “burdensome,” saying that they could disrupt the availability of consumers’ favorite foods.”

Now, according to the AP, during the current salmonella outbreak the food industry has lost $250 million, food supplies have been disrupted, and 1,300 people have gotten sick in 43 states and the District of Columbia. So, even without the regulations the food industry got their food disruption, consumers can’t eat tomatoes or jalapenos (which are chief ingredients in salsa), and a lot of people got to get sick.

The AP calls these “unintended consequences.” I’d say they are totally predictable and the public should take their scorn out on the food industry and their lobbyists for engaging in activities that have made eating more dangerous.

This whole episode reminds me of this scene from Kentucky Fried Movie, where a satirical science film posits a world without zinc oxide:

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The Bush Administration is getting quite good at death by budget, knocking off two federal open government programs in the last couple of weeks. Tony Soprano would be impressed.

Late last month, the administration submitted their 2009 budget, where it was revealed they eliminated the key provision of the Open Government Act of 2007 - the ombudsman whose job it is to oversee all Freedom of Information Act (FOIA) requests. They pulled it off by moving the office from the National Archives and Records Administration to the Department of Justice where it is doomed to ineffectual exile. The second hit was on EconomicIndicators.gov, an award-winning web site full of current economic data at the U.S. Department of Commerce. The site will be put in mothballs effective March 1st. The administration said it was a budget cutting decision. The Web site has gotten a lot of attention for how easily it allows citizens to access the daily releases of key economic indicators and to cross reference the data among various bureaus and would send out e-mails to registered users whenever new economic data was released. Sure, Think Progress writes, the data will still be available but much harder - much much harder to access. Most of us wouldn’t have the time to go and look at the individual sites and even know where to look for it.

Clearly the administration is trying to throw a veil over the current economic picture. Pretty consistent pattern for them. My father used to say that "foolish consistency is the hobgoblin of small minds." Indeed.

EconomicIndicators.gov is the type of service we should expect and demand from our government.

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This afternoon, our friends at Citizens for Responsibility and Ethics in Washington (CREW) got a major victory for all who care for openness and transparency. 

A federal judge ruled that the logs kept by the Secret Service of visitors to the White House and the Vice President’s residence are public records and subject to Freedom of Information Act requests. The Bush White House had been fighting the release of the documents in an effort to hide evidence and details of visits from disgraced lobbyist Jack Abramoff and prominent religious conservative leaders. The White House insists that the logs are presidential records and should not be public, and wants the Secret Service to destroy its copies of the logs once they are turned over to the White House. They were wrong.

In sum, according to CREW: "As a result of today’s ruling, records of visits to both the White House complex and the residency of the vice president are now publicly available through the FOIA."

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With two stories out today, one from the New York Times and the other from the Washington Post, we learn that everything the Justice Department told Congress was factually-impaired. Attorney General Alberto Gonzalez claimed that there was nothing political about the firings, except that the President's Counsel Harriet Miers and the President's chief political operative created the list of Attorney's to axe and Justice was in discussions all along. In the beginning the White House wanted to fire all 93 Attorneys only to scale back this plan when it was deemed by Rove to be politically impossible. (For those paying attention that would have included U.S. Attorney for the District of Illinois (Northern) Patrick Fitzgerald, the guy prosecuting a case against the Vice President's right-hand man.)

One Attorney, David Iglesias, did not make it onto the list of Attorney's to be fired until late in the game after Sen. Pete Domenici (R-NM) asked the White House to include Iglesias in the purge. Here's the relevant part from the Post article:

Iglesias, the New Mexico prosecutor, was not on that list. Justice officials said Sampson added him in October, based in part on complaints from Sen. Pete V. Domenici and other New Mexico Republicans that he was not prosecuting enough voter-fraud cases.

…

On the day of the Dec. 7 firings, Miers's deputy, William Kelley, wrote that Domenici's chief of staff "is happy as a clam" about Iglesias.

A week later, Sampson wrote: "Domenici is going to send over names tomorrow (not even waiting for Iglesias's body to cool)."

"Not even waiting for Iglesias's body to cool" and "happy as a clam". Domenici can't be sitting easy as these revelations continue. Now, of course, the key here is that "Justice officials said Sampson added him in October". Domenici called Iglesias, a call which Iglesias considered to put pressure on him to bring down indictments, on or about October 25th or 26th. Did this call come before or after Iglesias was added to the to-be-axed list? What about Heather Wilson's call two weeks earlier? When did New Mexico Republicans, particularly Domenici and Wilson, ask the White House and Justice to axe Iglesias and when did they know that the White House was in the process of axing Attorneys throughout the country?

The Times article states that Domenici was "among the politicians who complained directly to the president". So who are these other politicians? Who complained about Carol Lam, the Attorney investigating former Appropriations chairman Jerry Lewis (R-CA)? Did Doc Hastings complain about John McKay, the Attorney in Washington? These are huge questions that need to be answered. This could go well beyond Domenici and Wilson into numerous instances of obstruction of justice committed by Members of Congress.

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• According to the San Bernardino Sun, the top technology firm ESRI has received a subpoena in the ongoing investigation into Appropriations Chairman [sw: Jerry Lewis] (R-Calif.) and his ties to Copeland Lowery Jacquez Denton & White, the lobbying firm representing ESRI and numerous municipalities that have received subpoenas. From 2001 to 2006 Lewis "earmarked more than $90 million for ESRI projects that included defense intelligence systems such as database mapping to assist in rebuilding war-torn Iraq." From 2000 to 2005 ESRI paid the Lowery firm $360,000 in fees to lobby Congress.
• TPM Muckraker reports that Bernard Kerik, the first choice to head the Department of Homeland Security for President Bush’s second term, will plead guilty to accepting "improper gifts totaling tens of thousands of dollars while he was a city official in the late 1990’s".
  
• The Wall Street Journal profiles the Han Solo of the Congressional Pork Wars, [sw: Jeff Flake] (R-Ariz.). Flake is "a ringer for actor Owen Wilson who crashes not weddings but his own Republican Party" by asking "colleagues to come to the House floor and explain why taxpayers should pay for pet projects in their districts." He has twice targeted Appropriations Chairman [sw: Jerry Lewis] (R-Calif.) — the Sith Lord if we are to keep with the Star Wars theme — and even targeted an earmark inserted by none other than the Speaker of the House [sw: Dennis Hastert] (R-Ill.). Flake questions the culture that underlies much of the corrupt behavior in Congress, "What’s just mystifying is the sense of entitlement now: You have the right to have your projects and to ask for it through the process without anyone else knowing about it or being able to challenge it. That’s your inherent right as a member of Congress."

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Thunderstorms have become a daily occurence here in DC over the past week. It looks like we’re about to get another one. Here’s a look at the news before Pennsylvania Ave. turns into a river and my power goes out:

• Jack Abramoff and former Tom DeLay (R-Tex.) chief of staff Ed Buckham "orchestrated a series of multimillion-dollar maneuvers with several charities he or Buckham exerted control over. These charities became a primary tool in his criminal conspiracy," according to Roll Call. The noose continues to tighten around the now retired DeLay.
• Congress doesn’t care about cleaning itself up by reforming their ethics or the practice of lobbying. According to the Washington Post, lobbying and ethics reform "has slowed to a crawl. Along the way, proposals such as Hastert’s that would sharply limit commonplace behavior on Capitol Hill have been cast aside." Congress, playing the role of a baby, has soiled itself and is incapable of changing it’s diapers, let alone become potty trained. It smells.
• USA Today reports that some lawmakers are questioning the annual cost-of-living adjustment to their salary claiming that they do not deserve to make more money so long as the minimum wage remains at $5.15 an hour or the government does not run a balanced budget. The rank and file member of Congress currently makes $165,200 with leadership earning more. Members today are earning $710 less than they did in 2001 due to inflation. If the raise were to go into effect members would make $168,500 next year. In 2005 the daily salary of members of Congress — when calculating the days Congress was in session — was $1149.65.
• According to Newsweek, "White House staffers have accepted nearly $135,000 in free trips since November 2004." Those offering the trips have included conservative organizations like the National Association of Manufacturers, he Southern Baptist Convention, Focus on the Family and the Federalist Society.
• Is the 109th Congress a "Do Nothing Congress?" Are all major actions expected to be political ploys with no expectation of serious action on the serious issues of the day?

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• The White House rejected a new EPA rule to "keep groundwater clean near oil drilling sites and other construction zones" after receiving complaints from oil and energy company executives. Ernest Angelo, a Texas oil man and a Republican activist, expressed his anger over the EPA rule by writing that many in the energy world "openly express doubt as to the merit of electing Republicans when we wind up with this type of stupidity." As always we like to remember that President Bush is the biggest recipient of campaign cash from the oil and gas industry in the entire history of elections in America.
• Anti-pork hardliner [sw: John Shadegg] (R-AZ) has fired the latest salvo in the Pork Wars between conservative Republican congressmen and [sw: Jerry Lewis]‘ (R-CA) Appropriations Committee by "circulating a newspaper story linking Rep. Jerry Lewis to ‘the inherent risk of corruption at the heart of the congressional earmark process.’"
• Several weeks ago [sw: Jerry Lewis] (R-CA) retained a lawyer to handle to federal investigation into his and his aides’ earmarking practices. One of Lewis’ lawyers is Barbara Comstock who is currently representing I. Lewis Libby in the Plame case.
• In Scotland, the famous destination of Jack Abramoff and his merry band of travellers, no one knows about the lobbyist’s well-documented golfing trips. Favorite quote: “’We have the same scandals,’ said Neil Paton, the head professional in the town’s only certified pro shop, ‘except our politicians go the beach in Spain or Italy.’"
• At least the corruption in this country doesn’t fuel an insurgency. In Iraq, that appears to be a huge problem.

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• The DC restaurant industry is not happy with congressional efforts to prohibit lobbyists from treating lawmakers and their staff to meals, according to the Los Angeles Times. In response to this attempt at reforming lobbying the restaurant industry has dispatched its own team of lobbyists to lobby Congress to allow lobbyists to be able to spend freely for lawmakers’ meals.

• What happens when you violate safety laws, don’t pay fines, and oppose increased oversight? The Hill reports that you get tax breaks: “After fatal mining accidents this year, the mining industry is on the verge of winning tax breaks to help pay for new safety technologies as it lobbies against government-imposed safety requirements.” Back in January the Washington Post reported that, “the Bush administration abandoned or delayed implementation of 18 proposed safety rules that were in the federal Mine Safety and Health Administration’s regulatory pipeline in early 2001”.

• President Bush’s Faith and Community Based Initiative is directing millions of dollars into organizations run by his religious right supporters, according to the Washington Post. Rep. Mark Souter (R-IN) says that the program has “gone political” and Rep. Chet Edwards (D-TX) asserts, “I believe ultimately this will be seen as one of the largest patronage programs in American history.” Outspoken televangelist Pat Robertson’s Operation Blessing received tens of millions of dollars; “local antiabortion and crisis pregnancy centers have received well over $60 million in grants for abstinence education and other programs;” Shepherd Smith, the strategist for Robertson’s 1988 presidential bid, received $7.5 million; many of the recipients of federal grants were “influential supporters of Bush’s presidential campaigns.”

• Prosecutors in the Tom DeLay (R-TX) money laundering case are trying to get two charges reinstated against the troubled former Majority Leader, according to the Associated Press. Meanwhile, the Houston Chronicle reports that DeLay believes that the charges are just political theater and prosecutor Ronnie Earle will throw out the charges after the 2006 midterm elections.

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A new study on a Bush Administration policy that lets loggers move in and clear out trees in the wake of a forest fire demonstrates that the policy “has harmed forest recovery and increased fire risk,” according to the Washington Post. The study, “consistent with research findings from around the world,” was printed in Science magazine and has come under direct fire by the Administration – the Bureau of Land Management, which paid for the study, temporarily cut-off the final year of a $300,000 three-year grant to the scientists – and from Congressmen with industry-friendly legislation under consideration. Rep. Greg Walden (R-OR), a top recipient of logging industry money, called the scientists to testify on their criticism of his “bill pending in Congress that would ease procedures for post-fire logging in federal forests.”

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