HHS Secretary Maneuvers To Avoid Contempt
2 CommentsBy Ed Silverman // February 28th, 2008 // 1:44 pm
For the second time this month, members of Congress are fuming at Mike Leavitt for failing to turn over briefing documents subpoeaned by the House Energy and Commerce committee. The documents were used to prepare FDA commish Andy von Eschenbach for his appearance before lawmakers last year, when he insisted the agency didn’t use a flawed safety study to approve the Ketek antibiotic. House Democrats say that wasn’t true.
At first, Democrats railed at Leavitt. Now, Republican lawmakers on the committee are just as mad. In a letter sent last night to Leavitt, they threatened him with contempt for his Feb. 11 letter, which they claim amounted to a stonewalling act. “We note that the types of records requested by the subpoena have been provided for years by both Democratic and Republican secretaries of the Department of Health and Human Services in response to requests…You have not articulated any distinguishing reason for departing from this past practice,” they wrote.
“In addition, your letter fails to cite any legal basis whatsoever for the proposition that your fear of a ‘chilling effect’ is a valid reason for withholding these documents. The law is quite settled on this issue. There is no ‘deliberative materials’ or ‘chilling effect’ privilege for withholding records from a Congressional committee. Moreover, you have not asserted executive privilege and the records are not classified. Under these circumstances, and given a long line of precedents established by this Committee, Congress, and the courts, the records must be produced.”
Today, though, Leavitt says he’ll reply to a compromise offer to make FDA staffers avaliable for interviews.. “We’re going to respond and have discussions over the next few days,” Leavitt told Bloomberg News. “I feel optimistic.”
Chris
Leavitt and von Eschenbach are a disgrace. Congress needs to stop playing politics and get serious. Congress does hold the ultimate power but they would prefer to use HSS and FDA as political footballs, rather than do the work to compel real change. I only hope that as the political season turns more intense the candidates bring attention and focus not just on industry and managed care but also on the FDA itself. You can’t fault staffers who are working hard without adequate resources. But the failure of leadership is shocking. Phrma in my opinion is the largest “unregulated” regulated industry in the world. I would really like to see Congress step up to the plate and exert some genuine power.
Jack2
Saying pharma’s unregulated seems extreme. I would say pharma is still the most regulated industry. I still agree the FDA requires strengthening and more recourses.