Nadler Responds to Former EPA Administrator Christine Todd Whitman’s
Initial Refusal to Testify at Judiciary Subcommittee Hearing on 9/11
Environmental Impacts

WASHINGTON, D.C. – Congressman Jerrold Nadler (NY-08), Chairman of the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, announced today that despite Former Environmental Protection Agency (EPA) Administrator Christine Todd Whitman’s initial refusal to testify at a scheduled May 22, 2007 hearing on the environmental impacts of the September 11th World Trade Center attacks, he will continue to strongly urge her to cooperate with the Subcommittee’s inquiry and appear. The hearing will focus on the federal post-9/11 environmental response and related possible violations of the "substantive due process rights" of individuals living and working in the vicinity of the World Trade Center on, or after, September 11, 2001. Another former EPA official, Tina Kreisher, Former EPA Associate Administrator for Communications, Education and Media Relations, has also refused an initial request for her to testify.

The hearing would constitute the first ever comprehensive House of Representatives inquiry into federal government’s handling of post 9/11 air quality since the 9/11 attacks, as the Republican-led Congresses of 2001 to 2006 refused to hold any such hearings. Such an investigation was requested in writing in 2003 to then-Speaker Dennis Hastert, by Nadler, then-Minority Leader Nancy Pelosi, and then-Ranking Members John Conyers, John Dingell, George Miller and Henry Waxman. (See http://www.house.gov/nadler/archive108/EPA_091703.htm).

Yesterday, the Subcommittee received a letter from Ms. Whitman’s lawyer, Joel Kobert, Esq., indicating her initial unwillingness to testify. http://www.house.gov/nadler/pdf/whitman_atty_response.pdf.

In response, Chairman Nadler sent Ms. Whitman another letter requesting her participation and cooperation (see text below), and released the following statement:

"It is my fervent hope that the former EPA employees, and in particular Ms. Whitman, will willingly cooperate with the Subcommittee's inquiry. And moreover, I would strongly urge the Administration to encourage her appearance, given her absolutely central role in these matters, so that the American people may finally hear her direct answers to lingering, unanswered questions about the federal government’s failed response to the environmental aftermath of the World Trade Center attacks. That is the only way to get to the truth and do right by the heroes and victims of 9/11. And it is the only way we can ensure that our federal government is prepared to protect the health and safety of Americans should, G-d forbid, anything like this happen again in the future."

Text of the letter sent to Ms. Whitman today follows:

May 16, 2007

Joel A. Kobert, Esq.
Courter, Kobert & Cohen
1001 Route 517
Hackettstown, NJ 07840

Dear Mr. Kobert:

Thank you for your letter of May 15, concerning the invitation to Christine Todd Whitman to testify before the Subcommittee on the Constitution, Civil Rights and Civil Liberties.

The Subcommittee will hold a legislative hearing on substantive due process violations arising from the Environmental Protection Agency's handling of air quality issues following the terrorist attacks of September 11, 2001, on May 22, 2007, at 10:00 a.m., in room 2141 of the Rayburn House Office Building. I write to advise you that I require Ms. Whitman’s testimony at this hearing, and it is my hope that we can accomplish this without resorting to compulsory process.

The written statement may be as extensive as you wish and will be included in the hearing record. To allow sufficient time for questions by members at the hearing, you will be allowed up to five minutes to make an oral statement briefly highlighting your written testimony. Oral testimony at the hearing, including answers to questions, will be printed as part of the verbatim record of the hearing. Only transcription errors may be edited subsequent to the hearing.

To facilitate preparation for the hearing, an electronic copy of her written statement and curriculum vitae should be sent to the Subcommittee by 12:00 pm on Thursday, May 18, 2007. The Subcommittee will publish the statement on our website and, therefore, we request that the documents be provided in either Word Perfect, Microsoft Word, or Adobe Acrobat. We would appreciate it if all pages of the written statement are numbered and a cover page is attached with the witness’ name, position, date, and title of hearing. These documents may be e-mailed to Susana Gutierrez at Susana.Gutierrez@mail.house.gov.

Please forward 100 copies of the written statement to the Subcommittee at room B-353 Rayburn House Office Building by no later than 3:00 p.m. on Friday, March 18, 2007. If a published document or report is to be introduced as part of the written statement, 50 copies should be provided. Due to delays with our mail delivery system, the copies should be hand-delivered in an unsealed package to Susana Gutierrez, Staff Assistant, in room B-353, Rayburn House Office Building.

Additionally, the Rules of the House require a disclosure of the amount and source (by agency and program) of any Federal grant (or subgrant thereof) or contract (or subcontract thereof) which is relevant to your testimony and was received, by you or an entity which you represent, during the current fiscal year; or, either of the two preceding fiscal years. Therefore, please fill out the enclosed "Truth in Testimony" Disclosure Form and fax it to the Subcommittee at (202) 225-4299 prior to the hearing.

If you have any questions or concerns, please contact David Lachmann, Chief of Staff of the Subcommittee on the Constitution, Civil Rights and Civil Liberties at (202) 225-2825. Thank you for your cooperation.

                                                                                           Sincerely,

                                                                                           Jerrold Nadler
                                                                                           Chairman
                                                                                           Subcommittee on the Constitution, Civil
                                                                                           Rights and Civil Liberties 

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