March 9, 1983
As I have previously stated, I asserted executive privilege with respect to a limited number of
EPA documents that were considered to be enforcement-sensitive, because I have a constitutional
obligation to the people -- and to those who have held this office in the past and will hold it in the
future -- to ensure that the integrity of sensitive law enforcement documents be preserved.
I have recognized also, of course, that the legislative branch has legitimate oversight
responsibilities as well. Accordingly, in February, pursuant to the suggestion of the U.S. District
Court and consistent with the mandates of history, we sought to work out an agreement to
accommodate the legitimate interests of both the executive and legislative branches. This was
accomplished by the agreement reached with Chairman Levitas on February 18, 1983, which
provided a means for Congress to have complete access to the documents sought.
Although this was accepted as a reasonable compromise by Chairman Levitas and Speaker
O'Neill, and we have been proceeding to provide such complete access, other committees have
demanded that the documents be physically turned over to them before they would accept the
information. The debate on this issue, for our part, has been essentially legal. But it is now clear
that prolonging this legal debate can only result in a slowing down of the release of information to
the Congress -- thereby fostering suspicion in the public's mind that somehow the important
doctrine of executive privilege is being used to shield possible wrongdoing. It is not in the public
interest that any such suspicion be fostered.
While we continue to assert executive privilege, our concern is that the Congress have this
information as soon as possible, with assurances that the enforcement-sensitive materials will be
provided the necessary protection in order that their premature public release will not jeopardize
our responsibility to enforce the law. We trust that pursuant to the additional agreement reached
today with Chairman Dingell, the documents will be provided that protection. This agreement will
be available to any other committee that seeks these EPA documents and is willing to abide by its
terms.