Originally posted at the Think Progress Wonk Room.
In his Senate Environment and
Public Works nomination hearing
today,
David Hill, the Bush nominee for the General Counsel of the
Environmental Protection Agency (EPA), was asked by Sen. Barbara Boxer
(D-Calif.) what the EPA Administrator should
do “if the President of the United States tells him to do something
illegal.”
I believe that the courts have held, Senator, that within the unitary executive the administrator and the EPA, just as with all executive agencies, work for the President and are responsible to the President of the United States.
The “unitary executive” theory is a formerly obscure legal argument that asserts “all executive authority must be in the President’s hands, without exception.” Supreme Court Justice Samuel Alito is a champion of the doctrine, as is Vice President Cheney’s chief of staff, David Addington.
Boxer’s question was not purely hypothetical. The current administrator of the EPA, Stephen L. Johnson, has overruled his staff’s scientific recommendations on global warming regulations and ozone limits – both apparently at the behest of the White House.
Yesterday, Rep. Henry Waxman (D-CA) issued a subpoena to compel the EPA to turn over documents involving communications with the White House.
Hearing transcript: