Rep. Elijah Cummings said in a letter to Rep. Trey Gowdy there was enough evidence that Scott Pruitt’s political aides clamped down on politically sensitive public records requests and delayed the release of others to justify a subpoena for agency records. | Alex Brandon/AP Photo Cummings demands EPA subpoena for Pruitt’s public records policy

The top Democrat on the House Oversight Committee is pressing Chairman Trey Gowdy to subpoena EPA and force the agency to release information about how Scott Pruitt's aides scrutinized politically sensitive documents before releasing them.

That demand comes after POLITICO reported in May that that political appointees screened releases related to Pruitt as the agency struggled to keep up with a surge of document requests that led to a massive spike in transparency lawsuits.


Rep. Elijah Cummings (D-Md.), the committee's ranking member, said in a letter to Gowdy there was enough evidence that former EPA chief's political aides clamped down on politically sensitive public records requests and delayed the release of others to justify a subpoena for agency records.

Cummings wrote that a subpoena should seek a host of documents related to the agency’s Freedom of Information Act processes, which he said was justified by EPA chief of staff Ryan Jackson's admission to congressional investigators that political appointees at the agency sometimes reviewed public records requests prior to release. Those deemed “politically charged” followed a separate process, according to excerpts of his interview released by congressional Democrats.

“During a Committee hearing in 2011, you criticized an official from the Department of Homeland Security for having political appointees review FOIA responses,” Cummings wrote. “I ask that you show that same concern for the way this Administration is implementing FOIA.”

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A committee spokesperson did not immediately respond to a request for comment, but an EPA spokesman said the letter does not represent an accurate picture of the agency’s FOIA process.

“Congressional Democrats are selectively releasing parts of the transcript through the media producing an incomplete and inaccurate narrative. EPA has responded to a record number of FOIA requests and will continue to do so,” the spokesman said in a statement.

Jackson also told investigators that he and Elizabeth Beacham White, who POLITICO reported was formerly treasurer of Pruitt’s political action committee before heading up the office tasked with deciding how the agency processes requests for Pruitt's record, would “identify certain productions that we are interested in getting help with.”

Jackson and former EPA policy chief Samantha Dravis confirmed in their interviews with the committee that they sometimes had the opportunity to review public records responses prior to their public release.

“I think if it was highly significant, then it could be something that, perhaps, myself or the communications team or, you know, senior officials could be given an FYI of,” Dravis said, according to excerpts of her interview.

One FOIA request deemed “politically charged” came from the Sierra Club, and was classified that way because the group asked for a broad range of communications records from political officials, according to Jackson. That request has produced a swirl of revelations about lavish spending and ethical lapses by Pruitt that ultimately helped trigger his departure.

“There was no reason for it. There was no topic. It was just a fishing expedition,” Jackson told investigators, according to the letter. “And so when I say it’s politically charged, there’s no real FOIA, you know, Freedom of Information Act reason for it, it is just simply submitted to us to see what we will produce.”

Jackson did acknowledge in his committee interview that there is a "huge legitimate public interest" in such documents.

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"But I think it is really important at the same time to specify what you are interested in, because FOIA is not meant to allow open ended requests and to be as if, you know, the requester is a fly on the wall," he said.

The FOIA law only requires requests to be “reasonably described.” EPA’s FOIA rules call for including specific information “whenever possible … such as the date, title or name, author, recipient, and subject matter.”

Democrats also said an email showed Jackson had helped a personal friend who works for the National Pork Producers Council get a meeting with EPA officials to discuss a FOIA request the group had filed.

Asked by committee staff if he would provide similar assistance if environmentalists or liberal watchdog groups asked, Jackson said it is "a possibility." He added that "if they target their requests a little bit more so that I could more readily help them, that might help them out."

Cummings’ letter also detailed other FOIA developments at EPA, including the creation of a “first in, first out” review system that prioritizes older pending requests over newly filed ones, potentially creating delaying responses related to the current administration. EPA officials also sometimes delayed responses to "coincide" with other releases, the letter said.



