May 24, 2017

In Light Of Recent White House Efforts To Withhold Info From Dems In Congress, Udall, Senate Dem Leaders & Top Committee Dems Urge President Trump To Immediately Clarify Why Admin Is Obstructing Congress’ Constitutional Legislative & Oversight Duties

Senate Dems Send New Letter To President Trump Following Reports That His Administration May Have Instructed Federal Agencies To Refuse Democratic Requests Information on Issues Ranging From National Security to Healthcare to the Economy - Dozens Of Senate Dem Requests This Year Have Still Gone Unanswered

Senate Dems Argue Such An Order – If True – From the White House Would Impede Congress’ Constitutional Ability To Legislate & Conduct Oversight – Admin Must Make It Clear To Agencies They Cannot Withhold Information From Congress

Senate Dems: Any Attempt To Obstruct Transparency, Accountability & Information Flow on Partisan Basis Is Unacceptable

WASHINGTON – U.S. Senator Tom Udall, Senate Democratic leaders, and top committee members today released a new letter to President Trump demanding he immediately clarify reports that the White House instructed some federal agencies to withhold information from Congressional Democrats. The Senate Democrats also note that, while some agencies have responded to a limited number of Congressional requests for information, most have gone unanswered.

The Senators stated that any intentional attempts to obstruct transparency, accountability, and information flow within the federal government on a partisan basis would be completely unacceptable and argued that withholding information severely inhibits Congress’ constitutional ability to legislate and conduct oversight.

The letter was signed by Senators Charles E. Schumer, Senate Democratic Leader; Dick Durbin, Minority Whip and Assistant Democratic Leader; Patty Murray, Ranking Member on the Committee on Health, Education, Labor, and Pensions; Debbie Stabenow, Ranking Member on the Committee on Agriculture, Nutrition, and Forestry; Bernie Sanders, Ranking Member on Committee on the Budget; Amy Klobuchar, Ranking Member on the Committee on Rules and Administration; Tom Carper, Ranking Member on the Committee on Environment and Public Works; Bob Casey, Vice Chair on the Special Committee on Aging; Ron Wyden, Ranking Member on the Committee on Finance; Jack Reed, Ranking Member on the Committee on Armed Services; Sherrod Brown, Ranking Member on the Committee on Banking, Housing, and Urban Affairs; Dianne Feinstein, Ranking Member on the Committee on the Judiciary; Tom Udall, Vice Chair on the Committee on Indian Affairs; Patrick Leahy, Vice Chairman on the Committee on Appropriations; Maria Cantwell, Ranking Member on the Committee on Energy and Natural Resources; and Mark Warner, Vice Chairman on the Select Committee on Intelligence.

A copy of the letter can be found here:

President Donald Trump
The White House
1600 Pennsylvania Ave, NW
Washington, D.C. 20050

Dear Mr. President:

We write to express our concerns with recent reports that the White House may have instructed certain Federal agencies to refuse requests for information from Democratic members of Congress. If true, such an instruction would be a significant departure from the practices of past Administrations and seriously inhibit Congress’s ability to fulfill its legislative and oversight duties.

Congress has a constitutional obligation to conduct oversight, and the Supreme Court has long recognized the need for the legislative branch to obtain information from the executive branch. The Court has stated that “[t]he scope of [Congress’] power of inquiry … is as penetrating and far-reaching as the potential power to enact and appropriate under the Constitution” and this power “encompasses inquiries concerning the administration of existing laws as well as proposed or possibly needed statutes.” There has also been judicial recognition that Congress, including its members in the minority, “must have the widest possible access to executive branch information if it is to perform its manifold responsibilities effectively.”

Since the start of your Administration, members of Congress have requested information from the Federal agencies on a number of issues, including health care, the economy, immigration, the environment, and national security. While some agencies have responded to limited number of these requests, most have gone unanswered. If at the instruction of the White House information is being intentionally withheld on a partisan basis, such actions would be simply unacceptable.

When Congress raises legitimate questions, the response of any Administration should be to provide answers that ensure the confidence of the American people—not to obstruct congressional effort to promote transparency, accountability, and good governance. Federal agencies should generally provide information voluntarily in response to congressional requests, especially if these agencies would be required to provide the same information to the general public if requested under the Freedom of Information Act.

For these reasons, we request that you clarify that your Administration will not refuse requests for information from Congress, including Democratic members, and will provide the courtesy of a response to congressional inquiries in a timely and comprehensive manner. If there are disagreements between co-equal branches of government regarding access to information, we ask that your Administration work in good faith to resolve any disputes.

Sincerely,
Senator Charles E. Schumer, Senate Democratic Leader
Senator Dick Durbin, Minority Whip and Assistant Democratic Leader
Senator Patty Murray, Ranking Member on the Committee on Health, Education, Labor, and Pensions
Senator Debbie Stabenow, Ranking Member on the Committee on Agriculture, Nutrition, and Forestry
Senator Bernie Sanders, Ranking Member on Committee on the Budget
Senator Amy Klobuchar, Ranking Member on the Committee on Rules and Administration
Senator Tom Carper, Ranking Member on the Committee on Environment and Public Works
Senator Bob Casey, Vice Chair on the Special Committee on Aging
Senator Ron Wyden, Ranking Member on the Committee on Finance
Senator Jack Reed, Ranking Member on the Committee on Armed Services
Senator Sherrod Brown, Ranking Member on the Committee on Banking, Housing, and Urban Affairs
Senator Dianne Feinstein, Ranking Member on the Committee on the Judiciary
Senator Tom Udall, Vice Chair on the Committee on Indian Affairs
Senator Patrick Leahy, Vice Chairman on the Committee on Appropriations
Senator Maria Cantwell, Ranking Member on the Committee on Energy and Natural Resources
Senator Mark Warner, Vice Chairman on the Select Committee on Intelligence.

cc:
The Honorable Alexander Acosta, Secretary of Labor
The Honorable Ben Carson, Secretary of Housing and Urban Development
The Honorable Elaine Chao, Secretary of Transportation
The Honorable Betsy DeVos, Secretary of Education
The Honorable John Kelly, Secretary of Homeland Security
The Honorable James Mattis, Secretary of Defense
The Honorable Steven Mnuchin, Secretary of the Treasury
The Honorable Mick Mulvaney, Director of the Office of Management and Budget
The Honorable Sonny Perdue, Secretary of Agriculture
The Honorable Rick Perry, Secretary of Energy
The Honorable Tom Price, Secretary of Health and Human Services
The Honorable Scott Pruitt, Administrator of the Environmental Protection Agency
The Honorable Wilbur Ross, Secretary of Commerce
The Honorable Jeff Sessions, United States Attorney General
The Honorable David Shulkin, Secretary of Veterans Affairs
The Honorable Rex Tillerson, Secretary of State
The Honorable Ryan Zinke, Secretary of the Interior

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