By Michael Kilian
Chciago Tribune, Washington Bureau
April 10, 2002
WASHINGTON -- The battle over Homeland Security Director Tom Ridge's
refusal to testify before Congress escalated Tuesday as House Democrats
protested Republican plans to have Ridge instead brief members of the House
Government Reform Committee informally and in secret.
The closed-door hearing is scheduled for Thursday morning. Attendance
is limited to committee members and staff.
The Democrats, led by Reps. Henry Waxman (D-Calif.) and Jan Schakowsky
(D-Ill.), demanded in a letter to the committee chairman, Rep. Dan Burton
(R-Ind.), that the session be open to the public because Ridge is "the
federal official with primary responsibility for protecting the nation
against future terrorist attacks."
Kevin Binger, the committee staff director, said Burton would make an
official response Wednesday, but it was unlikely he would change his mind.
"We feel this will more efficiently use the time of Gov. Ridge and make
for a little freer exchange between the members and Gov. Ridge," Binger
said.
The conflict began last month when Ridge refused a request from Senate
Appropriations Committee Chairman Sen. Robert Byrd (D-W.Va.) to testify
on how the administration intends to spend the $38 billion it budgeted
for homeland defense measures in the next fiscal year, twice what was allocated
for the current year.
Ridge and the White House argued it would breach the constitutionally
protected separation of powers if a presidential adviser were compelled
to give sworn testimony involving advice he or she might privately give
the president.
Ridge said that Cabinet secretaries and department heads might properly
be made to testify but that conversations between a president and his advisers
should be privileged.
As an alternative, Ridge said he would make himself available for informal
briefings. Last week, he announced he had made arrangements with House
Republicans for two such sessions in which sworn testimony would not be
required.
But on Friday, Byrd said he would insist on sworn testimony from Ridge,
and several Democrats suggested a subpoena might be necessary to compel
his appearance.
In their Tuesday letter, the House Democrats insisted that a formal
session was necessary to assure fairness and make Ridge be forthcoming.
Noting that Ridge had raised no objection to giving a public briefing,
they argued there is no constitutional basis for granting presidential
advisers immunity from testifying.
They pointed out that advisers to Presidents Dwight Eisenhower, Richard
Nixon and Jimmy Carter gave sworn congressional testimony and that Burton's
committee had compelled 20 of President Bill Clinton's advisers to testify.
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