EXECUTIVE WATCH

Tuesday, June 9

• The President delegated to the Secretary of State certain duties under the Naval Vessel Transfer Act of 2008. The delegated powers require the President to produce an assessment of Israel’s qualitative military edge over threats. The initial report is due by June 30, 2009.

Wednesday, June 10

• The White House announced new measures designed to prevent excessive salaries for corporate executives. The President will appoint a “special master” in charge of setting executive compensation for companies receiving Troubled Asset Recovery Program (TARP) funds. Treasury Secretary Geithner released a statement outlining several additional proposals for executive compensation reform. The statement calls on Congress to pass “say-on-pay” legislation that would give shareholders the right to vote on the salaries of their corporation’s executives.

Thursday, June 11

• President Obama visited Green Bay, Wisconsin, to attend a town hall meeting on health care reform. The President reiterated his commitment to a public insurance option as an element of his health care reform proposal. The public option remains a controversial element of the plan, with some members of Congress proposing federally-funded health care cooperatives as an alternative.
• A federal district judge has denied the government’s motion to restrict access to the files being compiled in the Obama administration’s review of Guantanamo Bay detentions. Detainee lawyers want access to the information for use in habeas proceedings. The government had argued that the flood of requests from detainee lawyers would unnecessarily delay the review process.
• The United States released four Guantanamo Bay detainees in Bermuda. The government determined four years ago that the men, Chinese Uighurs, were not “enemy combatants.” The Chinese government is demanding the return of the detainees, whom it considers terrorists.
• The Court of Appeals for the Second Circuit has stayed an order for the release of detainee abuse photos in ACLU v. Department of Defense. The stay gives the Obama administration the opportunity to appeal to the Supreme Court. The Senate removed language that would have blocked the release from a supplemental war spending bill after President Obama sent a letter assuring Senators that he would appeal. Senator John McCain proposed that the President classify the photographs in order to prevent their release.
• The White House announced that President Obama intends to fire the inspector general of the AmeriCorps program. The President must give Congress thirty-days notice of his intent to fire the inspector general. The administration did not give the reason for the dismissal, and Senator Chuck Grassley has pointed out that the President is required by law to give Congress his reasons for firing an inspector general. Other members of Congress are calling on President Obama to clarify his reasons for terminating the inspector general.

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• In Iowa to celebrate Earth Day, on April 22 President Obama called for “a new era of energy exploration in America.” He urged Congress to adopt his energy plan, which includes a cap-and-trade system to reduce emissions.
• In response to a recently released Department of Homeland Security report, which made headlines for warning of “rightwing extremism,” on Wednesday, April 22, Dianne Brandi of Fox News filed a Freedom of Information Act request with the DHS, asking for materials relied upon in the preparation of the report.
• As pressure to prosecute Bush officials mounts, on April 22 Attorney General Eric Holder indicated that the Justice Department would “follow the evidence” and “follow the law,” iterating that “[n]o one is above the law.” Meanwhile, on Thursday, April 23, Senate majority leader Harry Reid and other Democratic leaders sided with the White House in resisting calls for “retribution,” saying that they would prefer to first wait for the results of the Senate Intelligence Committee’s ongoing investigation.
• Testifying before the House Foreign Affairs Committee on April 22, Secretary of State Hillary Clinton said that the administration’s primary anti-terror objective is to defeat al-Qaeda. She also detailed the national security threats presented by Pakistan and Iran.
• The details of the Bush administration’s use of torture in the War on Terror continue to come to light. According to a newly declassified timeline, Condoleeza Rice, John Ashcroft, and other Bush administration officials passed off on harsh interrogation techniques as early as summer 2002. And as revealed in a recent Senate Armed Services Committee report, harsh interrogation techniques were used to find the ever-elusive link between al-Qaeda and Iraq. On April 23, the Obama administration announced that it would release a “substantial number” of prison abuse photos on May 28. (more…)

• On Wednesday, April 15, the New York Times reported that, according to some government officials, NSA surveillance operations have been engaged in “overcollection” in recent months, allegedly exceeding even the broad limits set by Congress last year. Although the NSA claims that its operations are “in strict accordance with U.S. laws and regulations,” the Senate Intelligence Committee is has decided to investigate the surveillance program.
• As of Wednesday, April 15, President Obama was still mulling over proposals relating to the release of Bush administration torture memos. That same day, Attorney General Eric Holder reiterated the administration’s commitment to openness, but cautioned that transparency has its limits. The following day, however, the President announced the release of four OLC memos authored from 2002 to 2005 (as part of the ACLU’s FOIA litigation), stating that “these methods of interrogation are already a thing of the past.” Some think that more disclosures may still be coming.
• In light of the grisly interrogation details (e.g., waterboarding Khalid Sheikh Mohammed 183 times in a single month) revealed in the newly released OLC memos, Senator Patrick Leahy has renewed his call for a Truth Commission to investigate the alleged abuses of the Bush administration, and various commentators (see here, here, here, and here) have urged the impeachment of Bush administration officials, especially Jay Bybee, former OLC head. While Obama initially stated that “[t]his is a time for reflection, not retribution,” he has stopped short of promising that Bush administration officials would not be sanctioned for their involvement with torture.
• While President Obama may be hesitant to prosecute members of the previous administration, it looks as though Spain may take up the challenge. Although Spanish Attorney General Cándido Conde-Pumpido denounced the idea on April 16, Judge Baltasar Garzón seems keen on moving forward.
• Although the Fed initially requested that banks undergoing “stress tests” not reveal the results, last week the administration announced that it would disclose “stress test” results for the nation’s 19 biggest banks by May 4. However, it appears that there is some uncertainty and disagreement as to how (and how much of) the information should be released.
• As if disclosing “stress test” results weren’t enough to deal with, the Fed is now also facing a Freedom of Information Act lawsuit, filed by Bloomberg LP on April 16. The suit alleges a lack of transparency with respect to $2 trillion that the Government has loaned to financial institutions. (more…)

• In an Executive Order issued on Wednesday, April 8, President Obama took a step towards reforming health care by establishing the White House Office of Health Reform and a separate Office of Health Reform in the Department of Health and Human Services. The Offices will work to coordinate the administration’s efforts to make health care more available and affordable. The White House office will be headed by former Clinton administration official Nancy-Ann DeParle.
• On Wednesday, April 8, a congressional oversight panel released a report declaring the success of the administration’s financial programs to be “mixed.” Harvard Law professor Elizabeth Warren, who heads the panel, said that there is a need for greater transparency—a call that was echoed by House Speaker Nanci Pelosi. In spite of this, the Fed has requested that financial institutions currently undergoing “stress tests” not reveal the results.
• On April 8 President Obama announced the nomination of Mary Smith to head the DOJ’s Tax Division. On April 13, Ian Gershengorn was tapped as Deputy Assistant Attorney General in the DOJ’s Civil Division, with oversight of the Federal Programs Bench. And on April 14, it was revealed that President Obama will likely tap Fannie Mae Chief Herb Allison to run the $700 billion bailout as Assistant Secretary for the Office of Financial Stability.
• Attorney General Eric Holder mixed things up at the Justice Department on April 8, while indicating that he would make selections on the basis of experience rather than politics. Significantly, he named a new head of the Office of Professional Responsibility—Mary Patrice Brown. Brown’s appointment came one day after Federal District Court Judge Emmet Sullivan called the silence at the OPR “deafening” as he set aside charges against former Senator Ted Stevens (at the DOJ’s request) and commenced criminal contempt proceedings against the Stevens prosecutors. On April 14, Holder said he would improve DOJ prosecutor training.
• Also on Wednesday, the Obama administration indicated that it would participate in direct group talks with Iran. The U.S. and its European allies are reportedly considering dropping the long-standing condition that Iran shut down its nuclear facilities at an early stage of negotiation.
• On Thursday, April 9, the President announced that he would seek $83.4 billion in funding for the wars in Iraq and Afghanistan, to the consternation of some Democratic politicians. Meanwhile, General Raymond Odierno told a British newspaper that U.S. combat troops may not be able to withdraw from Iraqi cities by the June 30 deadline. Over the weekend, however, Odierno said he was certain that all U.S. troops will be gone by 2011. (more…)

• Last week the President and First Lady kicked off a week-long tour of Europe.
  • On his first full day in London, Wednesday, April 1, President Obama paid a visit to Queen Elizabeth II, held a press conference with Prime Minister Gordon Brown, and met with both Chinese President Hu Jintao and Russian President Dmitry Medvedev.
  • On Thursday, April 2, President Obama attended the G20 summit, Among other things, the G20 leaders agreed to regulate financial institutions more strictly and to commit a total of $1.1 trillion to the IMF. President Obama called the agreement a “turning point.”
  • On Friday, April 3, the Obamas were off to France. Speaking before a crowd in Strasbourg, the President stressed the need to rid the world of nuclear weapons, address climate change, and continue to fight terrorism. President Sarkozy said his country would accept one Guantanamo prisoner.
  • On Saturday, April 4, President Obama attended a 60th anniversary NATO Summit. Obama pressed for increased NATO support in Afghanistan, but received a less-than-enthusiastic response.
  • On Sunday, April 5, the President met with Czech Prime Minister Mirek Topolanek in Prague. Obama again called for reductions in nuclear weapons worldwide, and denounced North Korea’s missile launch.
  • Obama paid a visit to Turkey on Monday, April 6. Speaking to Turkish parliament, the President declared that the United States “is not and will never be at war with Islam,” and called Turkey a “critical ally.”
  • On Tuesday, April 7, President Obama rounded off his foreign tour by paying a surprise visit to Baghdad, Iraq. The President met with Prime Minister Nouri al-Maliki, and made clear his position that Iraqis “need to take responsibility for their own country.”
• Meanwhile, back in the United States, on Wednesday, April 1, the Senate Judiciary Committee held a confirmation hearing for David Hamilton, whom President Obama has nominated to serve on the 7th Circuit, as well as Ronald H. Weich (nominee for Assistant AG of Office of Legislative Affairs) and R. Gil Kerlikowske (nominee for Director of National Drug Control Policy). Somewhat surprisingly, the sparsely-attended hearing lasted less than two hours. Meanwhile, Hamilton’s sister-in-law Dawn Johnsen is still awaiting confirmation as OLC head (Neil Kinkopf, writing at Executive Watch, plead for the Senate to “[f]ree Dawn Johnsen”).

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• Last week President Obama announced the nomination of Yale Law School dean Harold Hongju Koh as legal advisor to the State Department. A nomination hearing has not yet been scheduled.
• On Wednesday, March 25, the Senate unanimously confirmed David Kris as assistant attorney general for the National Security Division. The next day, March 26, the Senate Judiciary Committee gave a thumbs-up to three DOJ nominees: Lanny Breuer as assistant AG for the Criminal Division, Christine Varney as assistant AG for the Antitrust Division, and Tony West as assistant AG for the Civil Division. Meanwhile, OLC Head-to-be Dawn Johnsen is still waiting for a confirmation vote.
• Speaking of Obama nominees, a Senate Judiciary Committee hearing for the President’s first judicial nominee, David Hamilton, has been set for April 1. That same day, the Judiciary Committee will question Ronald Weich, nominee for assistant AG for the Office of Legislative Affairs, and R. Gil Kerlikowske, nominee for Director of National Drug Control Policy.
• On Thursday, March 26, Treasury Secretary Tim Geithner announced expansive plans to regulate financial firms.  The scheme, if approved by Congress, would grant the administration power to take over non-bank financial institutions, including hedge funds. The AP reports that hedge funds are “generally accept[ing]” the plan.
• On Friday, March 27, attorneys representing Guantanamo detainees responded to the DOJ’s March 13 memo, which outlined the administration’s stance on indefinite detention, with their own filing. Relying on the AUMF and Hamdi v. Rumsfeld, the attorneys argue that the President is still acting outside of his powers.

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