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Judicial Watch • A Judicial Watch Special Report President Obamas Czars

A Judicial Watch Special Report President Obamas Czars

A Judicial Watch Special Report President Obamas Czars

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Judicial Watch Special Report 
 
 
President Obamas Czars 
 
 
 
 
September 15, 2011 
 
 
Judicial Watch, Inc.   425 Third Street,  Suite 800  Washington, 20024  
Tel: 202-646-5172  Fax: 202-646-5199  www.JudicialWatch.org 
 
Contents 
 
Introduction . 
 
Executive Summary . 
 
What are Czars? ....... 
 
Obamas Czars ......... 
 
Open and Planned Czar Appointments ... 
 
Controversial Czars the Obama Administration ......... 
 
Controversial Czars Who Resigned ..... 
 
Examples How Obama Circumvents the Constitutionally Required 
Confirmation Process the Senate ...  
 
Judicial Watchs FOIA Investigation Obama Czars Marked Selective  
Transparency ....... 
 
Conclusions.. 
 
End Notes ...                        
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Introduction 
 
This Judicial Watch Special Report analyzes the proliferation so-called czars the Obama administration.  President Barack Obama has installed personal advisors czar positions the White House and has created new czar positions elsewhere the Executive Branch. the date this report, the number czars that have been appointed the President, others his administration, appears total 45. addition, there are many other unfilled planned czar positions.     
 
Many these czars are unconfirmed the Senate and are largely unaccountable Congress.  Further, their activities are often outside the reach the Freedom Information Act (FOIA), creating veil secrecy about their precise role the administration.  Considering President Obamas efforts skirt constitutionally mandated oversight his administration, not surprising that there has been substantial outcry over his use czars. fact, even his Cabinet disgruntled, the point that the White House has added Tom Gavin the Presidents staff Cabinet Communications Director, charged with the responsibility for improving relations between members the Cabinet and the various czars. 
 
The Cabinet, course, not alone its frustration and concern.  The American people, the extent they understand what going on, see the appointment czars effort the President circumvent Congress.  Recently, the House, including Republicans and thirteen Democrats, voiced its disapproval over the use czars passing bill intended eliminate funding for czars, nine which were specifically identified the bill.  While the Democratic-controlled Senate not likely pass the bill  and would certainly not survive the Presidents veto  the message the President clear: stop the use czars undermine accountable government. 
 
__________________________________________________ 
 
 
This Special Report examines four areas public concern regarding Obamas use czars: the constitutionality policy czars; the degree which the Senate has been circumvented the appointment policy czars; the political controversy that has resulted from bypassing the Senates confirmation process; and issues concerning the lack transparency administration that operates through system czars.   
 
Effective oversight the Obama czars has fallen small measure the independent Judicial Watch.  Judicial Watch has investigated each President Obamas czars. addition, Judicial Watch has sued federal court gain information about the specific activities certain key czars. 
 
Important note the fact that czar positions and people are fluid within the administration.  People resign and change roles and others are appointed fill the shoes persons departing. the date this report, number positions remain open, some which have simply not yet been filled, while number others are due resignations for which replacements have not been announced. (See page 13.) 
 
This report, which reflects the status the administration September 15, 2011, initial effort better educate the American people about important governance and constitutional issue.  
 
 
Thomas Fitton      Christopher Farrell 
President Director Investigations and Research 
 
John Althen       
FOIA Program Manager              
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Executive Summary 
 
This Judicial Watch Special Report examines President Obamas unprecedented appointment and use unconfirmed and unaccountable policy advisors czars throughout his administration.  Presidents typically have advisors with whom they can discuss and devise policy initiatives. recent years, however, presidential advisors have taken powerful new roles the government without undergoing the process Senate confirmation.  Unaccountable czars, many working the White House, are being given unprecedented authority over major aspects government policy. discussed herein, President Obama has appointed number controversial persons czar posts, few whom have subsequently resigned.  Others remain, despite controversy.   
 
This Judicial Watch Special Report first discusses the types czar positions the administration and the approach taken President Obama circumvent vetting candidates the U.S. Senate.  Czars currently the administration, well planned and open czar positions, are described.  This followed detailed discussion controversial czars, those remaining the administration, and the more notable resignations.   
 
The final section the report reviews the status Judicial Watchs FOIA efforts investigate czars appointed President Obama.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
What are Czars? 
 
The term czar not associated with any specific, legally-defined category presidential appointments advisors.  Rather, the term informally associated with presidential appointees who oversee certain government policies areas. the federal government continues expand dramatic rate under the Obama administration, increasing number positions are being created political tool for ensuring direct White House influence and control over statutory government operations.  These appointments may lead radical politicization the routine functions government.   
 
The Appointments Clause the U.S. Constitution (Article II, Section states that Officers the United States must appointed the President with the advice and consent the Senate.  Not all appointments the President require the advice and consent the Senate:  Congress may Law vest the Appointment such inferior Officers, they think proper, the President alone, the Courts Law, the Heads Departments. position office the United States is: 1) invested legal authority with portion the sovereign powers the federal Government, and continuing. 1  Such sovereign powers generally involve binding the Government third parties for the benefit the public, such administering, executing, authoritatively interpreting laws the authority represent the United States foreign nations command military force behalf the Government.2  Steven Bradbury, Officers the United States Within the Meaning the Appointments Clause: Memorandum Opinion for the General Counsels the Executive Branch, April 16, 2007,    .  Ibid.  Noelle Straub, Sen Byrd Questions Obamas Use Policy Czars, New York Times, February 28, 2009, .  Department Homeland Security, Secretary Napolitano Highlights Illegal Immigration Enforcement,  Appoints Alan Bersin Assistant Secretary for International Affairs and Special Representative For Border Affairs, April 2009, .  Don Berwick Appointed Drive Health-Care Changes, Sidestepping Congress, July 2009,   
.  Ron Bloom Tapped for Obamas Senior Counselor for Manufacturing Policy, Industry Week, January 28, 2011, .  David Blumenthal,Why Matters, .  National Chief Dr. David Blumenthal Step Down, Health Care News, eWeek.com, February 2011,  .  Department Homeland Security, Homeland Security Presidential Directive Organization and Operation the Homeland Security Council, .  Profile Carol Browner, .  Greenwire, June 23, 2011, CLIMATE: Senate vote GOP czar amendment this afternoon,  Congress Vol. No. Copyright 2011 Environment and Energy Pub., LLC (LexisNexis, July 22,2011).  Under Secretary Defense for Acquisition, Technology, and Logistics, Pub. 103-160, div. title IX, Sec. 904(a), (f), Nov. 30, 1993, 107 Stat. 1728, 1729 Vlex., November 30, 1993, .  United States Senate. Nominations Confirmed (Civilians), 2009, .  Associated Press, Obama Names National Chief Technology Officer, April 20, 2009,  . 
 
 
 
 
The U.S. Constitution requires that every presidential nominee for officer position confirmed the United States Senate.  Individuals confirmed federal officer, possess significant authority pursuant the laws the United States.  Such officers range from commissioned military officers secretaries the various executive departments (such the Secretary State).   
 
Some Obamas czars serve fairly new offices that were created recent decades.  Constitutionally speaking, these individuals undergo the same confirmation process and have the same level accountability before Congress individuals traditional cabinet positions, e.g., the Secretary Defense and the Secretary the Treasury. Therefore, these czars are not shrouded secrecy are other czars that are not subject Senate confirmation. should noted that even czars subject Senate confirmation can controversial.  Then, too, President Obamas new offices raise another issue regarding the vast expansion the federal government.  This especially true for those czars who helped administer the trillions taxpayer dollars spent the Troubled Asset Relief Program (TARP) and the American Recovery and Reinvestment Act (stimulus). 
 
Certain czars that serve special envoys the State Department are exempt from Senate confirmation because their missions are allegedly non-continuous nature. 
other words, the very position itself intended expire some point, unlike that ambassador. October 2009, then-Senator Russell Feingold (D-WI) held hearing titled, Examining the History and Legality Executive Branch Czars.   Testimony and questions the hearing raised concerns over the State Departments special envoy positions.  First, some asked whether the czar envoy missions will actually remain temporary and questioned them possible means avoiding the responsibility and accountability placed ambassadors.  Second, despite historical precedent allowing unconfirmed envoys for temporary missions, the merits speedily filling these envoy positions may outweighed the resulting lack accountability and oversight.   
 
The murky, politicized roles many the czars, who have not been subject Senate confirmation, raise the possibility that these czars are effectively supplanting the responsibilities constitutionally appointed and confirmed officers.  Numerous members Congress have voiced concerns about this.  For instance, the late Senator Robert Byrd (D-WV) wrote letter President Obama expressing concern over the proliferation czars.  Senator Byrd stated:  
 
  The rapid and easy accumulation power White House staff can 
  threaten the constitutional system checks and balances. the 
  worst, White House staff has taken direction and control 
  programmatic areas that are the statutory responsibility Senate- 
  confirmed officials.3 presidential White House advisors, many czars often claim exempt from Freedom Information Act requests and effective  
 congressional oversight.  
 
  
 
 
Obamas Czars 
 
U.S. Border Czar:  Alan Bersin  
Commissioner U.S. Customs and Border Protection Department Homeland Security 
Reports to: Secretary the Department Homeland Security 
Position within the Department Homeland Security 
Appointed March 27, 20104 
 
Medicare/Healthcare Czar:  Dr. Donald Berwick 
Administrator the Centers for Medicare and Medicaid Services 
Recess appointment announced Secretary Education Arne Duncan May 18, 2010    
Appointed July 20105 
 
Manufacturing Czar:  Ron Bloom 
Assistant the President for Manufacturing Policy 
Car/Manufacturing Czar serving both Treasury and White House  
New position White House staff 
Appointed January 28, 20116 
Resignation announced White House August 2011 
 
Electronic Health Records Czar:  Dr. David Blumenthal 
National Coordinator for Health Information Technology 
Appointed March 20, 20097 
Note:  Dr. Blumenthal announced his departure Spring 2011 return his position Harvard. Health and Human Services will conducting national search for his successor.8 
 
Terrorism Czar:  John Brennan 
Assistant the President and Deputy National Security Advisor for Counterterrorism and Homeland Security 
Executive Order 13228 and Presidential Directive, issued October 18, 20019 
Note:  Reported have resigned and been replaced Daniel Benjamin, but Brennan still serves Terrorism Czar, with sign actually leaving. 
 
Energy and Climate Change Czar:  Carol Browner 
Assistant the President for Energy and Climate Change10 
Executive Order 12859 issued August 16, 1993  
Note:  Browner departed from the White House March 2011, reportedly taking position the Center for American Progress. There plan fill her position; her office has been consolidated into the Domestic Policy Council.11 
 
Weapons Czar:  Ashton Carter 
Under Secretary Defense for Acquisition, Technology, and Logistics 
Position established under U.S.C. 133-- Armed Forces, January 200412 
Confirmed April 23, 200913 
 
Technology Czar:  Aneesh Chopra Federal Chief Technology Officer  
Position announced President Barack Obama April 18, 200914 
Confirmed May 21, 200915 
NOTES  United States Senate, Nominations Confirmed (Civilians), 2009,  .  Federation American Scientists, Conference Report 2845, Intelligence Reform and Terrorism Prevention Act 2004, Congressional Record: December 2004.  James Clapper Confirmed Director National Intelligence, Fox News, August 2010, 
  .  Profile Jeffrey Crowley, .  Cameron Davis Appointed Great Lakes Czar, PHYSORG.com, June 2009,  .  H.R. 1256: Family Smoking Prevention and Tobacco Control Act, Text H.R. 1256: Family Smoking Prevention and Tobacco Control Act, GovTrack.us, .  H.R.1 American Recovery and Reinvestment Act 2009, Open Congress, .  Rebecca Cole, Stimulus Patrol: Rat Board Gears Up, The Swamp, February 23, 2009,  . title, .  Profile Joshua DuBois, . Profile Victoria Espinel, . Profile Chai Feldblum, . John Goss Appointed Federal Asian Carp Czar, September 2010, MyFoxChicago.com,    .  U.S. Department State, Special Envoy Sudan: Remarks Press Releases,  .  Africa Faith and Justice Network, Bush Announces Special Envoy Sudan, . Marc Grossman Tapped Succeed Holbrooke, POLITICO, February 14, 2011,    .  U.S. Government Accountability Office. Appointment Department the Interior Associate Deputy Secretary, B-290233, October 22, 2002, .  Deputy Secretary the Interior David Hayes, U.S. Department the Interior, May 21, 2009, .  Office Science and Technology Policy: Executive Office the President, Department Organization, .   
 
 
Intelligence Czar:  James Clapper 
United States Director National Intelligence 
Position created under President George Bush the Intelligence Reform and Prevention Act 200416 
Confirmed August 201017 
 
AIDS Czar:  Jeffrey Crowley 
Director the Office National AIDs Policy18 
Executive Order 12963 issued June 1995 and amended Executive Order 13009, issued June 14, 1996 
 
Great Lakes Czar:  Cameron Davis 
Senior Advisor the Administrator 
Position within the Environmental Protection Agency 
Appointed June 200919 
 
Tobacco Czar:  Lawrence Deyton 
Director FDAs Center for Tobacco Products 
Reports to: FDA Commissioner 
Position within the U.S. Food and Drug Administrations Center for Tobacco Products 
Position created the Family Smoking Prevention and Tobacco Control Act 2009 
Appointed August 19, 200920 
 
Stimulus Czar:  Earl Devaney 
Chairman the Recovery Act Accountability Transparency Board 
Position created the American Recovery and Reinvestment Act 2009 
Confirmed Inspector General 199921 
Appointed Chairman February 200922  
 
Mideast Policy/Central Region/Iran Czar:  Philo Dibble 
Deputy Assistant Secretary State (DAS) for Iran Bureau Near Eastern Affairs 
Appointed August 201023 
 
Faith-based Czar:  Joshua Dubois 
Director the White House Office Faith-Based and Neighborhood Partnerships24 
Executive Order 13199 issued July 29, 2001, and amended Executive Order 13498, issued February 2009 Enforcement Czar:  Victoria Espinel 
Intellectual Property Enforcement Coordinator 
Appointed December 200925 
 
Workplace Czar:  Chai Feldblum 
Commissioner, Equal Employment Opportunity Commission (EEOC) 
Appointed March 27, 201026 
 
Guantanamo Closure Czar:  Danny Fried 
Special Envoy Oversee the Closure the Detention Center Guantanamo Bay  
(aka Special Envoy Guantanamo Bay) 
Position within the U.S. Department State 
Appointed March 12, 2009 
 
Asian Carp Czar:  John Goss 
Director Asian Carp Regional Coordinating Committee 
Appointed September 201027 
 
Sudan Czar: Scott Gration 
Special Envoy Sudan and Ambassador Republic Kenya 
Position within U.S. Department State28 
Special Envoy position created under President George Bush29 
Appointed Special Envoy March 18, 2009; nominated Ambassador February 2011 
 
Afghanistan Czar:  Marc Grossman 
Special Representative for Afghanistan and Pakistan (AFPAK) 
Appointed February 2011 after death Richard Holbrooke, former Afghanistan Czar30 
 
California Water Czar:  David Hayes 
Deputy Secretary the Interior 
Position established U.S.C. 145231 
Confirmed May 20, 200932 
 
Science Czar:  John Holdren Director the White House's Office Science and Technology Policy 
Position created under President Ford 1976 the National Science and Technology Policy, Organization, and Priorities Act 197633 
NOTES  Holdren, Lubchenco Confirmed for Obama Posts, ScienceNews, March 20, 2009,  .  Profile Jeffrey Immelt, .  Profile Valerie Jarrett, .  U.S. Department Education, Office Safe and Drug Free Schools, March 28, 2007,    U.S. Department Education, US Department Education Principal Office Functional Statements: Office Safe and Drug Free Schools, February 27, 2009, .  U.S. Department Education, Education Secretary Announces Nine Senior Staff Appointments, May 19, 2009,  .  You Wont Believe What Obamas Cooking Now, WorldNewDaily,  July 15, 2011,  .  Office National Drug Control Policy, Authorizing Legislation, .  United States Senate, Nominations Confirmed (Civilians) 2009, .  President Obama Names Vivek Kundra Chief Information Officer, The White House, Office the Press Secretary, March 2009 .  Federal Communications Commission, FCC Chairman Genochowski Announces Senior Staff Office Communications Business Opportunities and Office  General Counsel, July 2009,  .  Jackson, David and Jim Michaels, Bush taps Coordinator for Iraq, Afghanistan, USA Today, May 17, 2007,  . Douglas Lute, SourceWatch, July 13, 2007, .  Obama Chooses Navy Secretary Lead Gulf Recovery Efforts, CNNPolitics, June 15, 2010,   
.  U.S. Department Treasury, Interim Assistant Secretary for Financial Stability Neel Kashkari Update the TARP Program, December 2008, http://www.treasury.gov/press/releases /hp1321.htm>.  Profile Tim Massad, . 
 
 
 
Confirmed March 19, 200934 
 
Jobs Czar:  Jeffrey Immelt 
Chair the President's Council Jobs and Competitiveness35 
Executive Order 13501, issued February 2009 
Note:  Council name changed from Economic Recovery Advisory Board when Immelt replaced Paul Volcker January 21, 2011. 
 
Special Advisor Czar:  Valerie Jarrett 
Senior Adviser and Assistant the President for Intergovernmental Relations and Public Liaison and Chair the White House Council Women and Girls36 
Executive Order 13506, issued February 11, 2009 
 
Safe Schools Czar:  Kevin Jennings 
Assistant Deputy Secretary for Safe and Drug-Free Schools 
Reports to: Deputy Secretary 
Created under President George Bush37 
Position within the Department Education38 
Appointed May 200939 
 
Healthy Foods Czar:  Sam Kass 
Senior Policy Officer for Healthy Food Initiatives 
Appointed June 201040 
 
Drug Czar:  Richard Gil Kerlikowske 
Director the Office National Drug Control Policy 
Position established under President Reagan 1988 Anti-Drug Abuse Act41 
Confirmed May 200942 
 
Information Technology Czar:  Vivek Kundra 
Federal Chief Information Officer 
Appointed March 200943 
 
Diversity Czar:  Mark Lloyd 
Associate General Counsel and Chief Diversity Officer 
Position within the Federal Communications Commission 
Appointed July 29, 200944 
 
War Czar:  Lt. General Douglas Lute 
Assistant the President and Deputy National Security Adviser for Iraq and Afghanistan 
Position established under President George Bush 200745 
Confirmed June 28, 200746 
 
Oil Czar:  Ray Mabus 
Oil Recovery Chief (also Secretary Navy)  
Appointed June 15, 201047 
 
TARP Czar:  Timothy Massad 
Acting Assistant Secretary the Treasury for Financial Stability and Chief TARP Counsel 
Interim position created under President George Bush 200948 
Appointed Acting Head September 22, 2010, after resignation Herb Allison49 
 
Middle-East Peace Czar:  George Mitchell, Jr.  
Special Envoy the Middle East 
Position within the U.S. Department State   
Position created under President George Bush 
Appointed January 22, 200950 
NOTES  U.S. Department State, Secretary Clinton With Vice President Joe Biden Announce Appointment Special Envoy for Middle East Peace George Mitchell and Special Representative for Afghanistan Pakistan Richard Holbrooke, January 22, 2009, .  Lynn Rosenthal Named White House Adviser Violence Against Women, June 26, 2009,     .  Senate Committee Homeland Security and Governmental Affairs, Senator Collins List Czars, October 23, 2009,  .  Howard Schmidt Appointed White House Cybersecurity Coordinator, Magazine, December 22, 2009,  . Obama Taps Veteran Policymaker Top Economic Advisor, ABCNEWS/Politics, January 2010,  . U.S. Department State, Appointment Special Envoy Climate Change Todd Stern, January 2009, .  Office Management and Budget, Information and Regulatory Affairs, . United States Senate. Nominations Confirmed (Civilians), 2009,  . New Official Names with Portfolio Unite Agencies and Improve Food Safety, The New York Times, January 13, 2010, . The White House: Office the Press Secretary, President Obama Announces Kimberly Teehee Senior Policy Advisor for Native American Affairs, June 15, 2009, .  Profile Arturo Valenzuela, .  Profile Elizabeth Warren, .  DATE TAKE WARREN'S SPOT CFPB, July 28, 2011 Thursday, States News Service, WASHINGTON (LexisNexis, July 29, 2011).  Dave Rochelson, New and More Efficient Ways Getting the job Done, Change.gov, January 2009, .  United States Senate, Nominations Confirmed (Civilians), 2009, .  . 
 
Resigned May 13, 2011 (Mitchell's deputy, David Hale, will serve acting Mideast envoy.) 
 
Domestic Violence Czar:  Lynn Rosenthal 
White House Adviser Violence Against Women51 
Executive Order 12859, issued August 16, 1993, and Executive Order 13500, issued February 2009 
 
WMD Czar:  Gary Samore 
Special Assistant the President and White House Coordinator for Arms Control and Weapons Mass Destruction, Proliferation, and Terrorism 
Position within National Security Council 
Appointed January 200952 
 
Cybersecurity Czar:  Howard Schmidt 
Director White House Office Cybersecurity 
Appointed December 22, 200953 
 
Economic Policy Czar:  Gene Sperling  
Director the National Economic Council and Assistant the President for Economic Policy54 
Executive Order 12835, issued January 25, 1993, and amended Executive Order 13499, issued February 2009 
Note:  Appointed Obama January 2011 replace Lawrence Summers. 
 
Climate Czar:  Todd Stern 
Special Envoy for Climate Change 
Position within the U.S. Department State 
Appointed January 26, 200955 
 
Regulatory Czar:  Cass Sunstein 
Administrator the Office Information and Regulatory Affairs 
Position established under President Carter the Paperwork Reduction Act 198056 
Confirmed September 10, 200957 
 
Food Safety Czar:  Michael Taylor  
Special Assistant the FDA Commissioner for Food Safety, and also Deputy Commissioner for Foods 
Appointed Special Assistant July 2009; appointed Deputy Commissioner  
January 13, 201058 
 
Native American Affairs Czar:  Kimberley Teehee 
Senior Policy Advisor for Native American Affairs 
Position within The White House Domestic Policy Council 
Appointed June 15, 200959 
 
Latin American Czar:  Arturo Valenzuela 
Assistant Secretary State for Western Hemisphere Affairs 
Appointed November 10, 200960 
 
Consumer Czar:  Elizabeth Warren 
Assistant the President and Special Advisor the Secretary the Treasury the Consumer Financial Protection Bureau 
Appointed September 17, 201061 
Note:  Treasury reported that Elizabeth Warren would leave the Consumer Financial Protection Bureau August 2011, return her prior position Harvard.  Former Ohio Attorney General Richard Cordray was tapped President Obama lead the CFPB,  but faces stiff opposition from Republicans, who are calling for structural reforms before confirmation any nominee.62 
   
Performance Czar: Jeffrey Zients 
Federal Chief Performance Officer and Deputy Director for Management Office Management and Budget 
Position announced Barack Obama January 200963 
Confirmed June 19, 200964 
 
 
Open and Planned Appointments previously indicated, President Obama currently has number open and planned 
positions for czars.  Some are due unfilled resignations, while others have been mentioned within the administration, but appear back-burner for now. 
 
Following list the unfilled positions September 15, 2011: 
 
                Position                                        Remarks 
 
Autism czar    Planned, but word status 
Behavioral czar    Planned, but word status 
Car czar    Open due resignation Ron Bloom 
Disinformation czar   Open due resignation Linda Douglass 
Electronic health records czar   Open due resignation Dr. David Blumenthal;       position filled 
 
Ethics czar    Open due resignation Norm Eisen, but not 
     likely filled 
With the resignation Norm Eisen Ethics Czar and the announcement the White House August (2010) that the full time position Ethics Czar would eliminated, Steven Croley, Special Assistant the President for Justice and Regulatory Policy, currently oversees team White House staffers responsible for ethics issues. 
Green jobs czar    Open due resignation Anthony Van Jones 
Health care czar    Open due appointment Nancy-Ann DeParle 
     Deputy White House Chief Staff; position may not filled 
Income redistribution czar  Planned, but word status 
Internet czar    Open due resignation Susan Crawford 
Land-use czar    Planned, but word status 
Manufacturing czar   Open due resignation Ron Bloom 
Radio-internet fairness czar  Planned, but word status 
Student loan czar   Planned, but word status 
TARP czar    Open due resignation Herbert Allison 
Urban affairs/housing czar  Open due resignation Adolfo Carrion, Jr. 
Voter list czar    Planned, but word status 
Zoning czar    Planned, but word status 
 
Controversial Czars the Obama Administration 
 
Since numerous presidential czars avoid Senate confirmation, they also avoid the Senates valuable vetting process. The procedure confirming potential appointments necessary layer protection and accountability, because helps ensure against controversial appointments and validates that the nominee competent and qualified. 
As result, the process helps protect the governments integrity and public image, facilitates more efficient government, and promotes public confidence those actually governing. 
 
The generally rigorous Senate vetting procedure has recent history eliminating appointees for irregularities that the White House either missed ignored.  The Clinton administration had six major nominees withdraw from contention, including Zoe Baird, who withdrew her bid for Attorney General, when was uncovered that she employed illegal aliens. 2004, George Bushs nomination Bernard Kerik for Secretary Homeland Security was also derailed because the nominees ethical and legal transgressions. 
 
President Obama had numerous nominees run into trouble for owing various amounts back taxes, including Tom Daschle (prospective Health and Human Services Secretary) and Ron Kirk (prospective U.S. Trade Representative), both whom withdrew nominees.  Additionally, Obama nominee for Commerce Secretary, New Mexico Governor Bill Richardson, withdrew after being linked alleged pay-to-play scheme his home state.  The Obama administrations nominee for National Intelligence  
Director, Charles Freeman, withdrew after numerous controversial foreign policy statements and financial ties China and Saudi Arabia were exposed.  These failed nominations reflect the successes the confirmation process exposing potentially controversial issues and conflicts interest with nominees before they assume position authority.  Though the Senate confirmation process certainly not foolproof, many the recent controversies for Obamas czars could have been avoided, had they been subject greater scrutiny before their appointment.     
 
Special Advisor Czar:  Valerie Jarrett 
 
Valerie Jarrett was integral part President Obamas 2008 campaign for President, and she remains Obamas closest advisor close that Obama has acknowledged runs every decision her.65   
 
Officially, Jarrett listed the Senior Advisor and Assistant the President for Intergovernmental Relations, and serves the Chair the White House Council Women and Girls.  However, her extensive influence the President has been instrumental crafting the White House agenda, including policy concerning lobbyists.  Specifically, Jarrett successfully petitioned the President lift restriction barring lobbyists from meeting with government officials with regard economic stimulus projects.66   
NOTES  .  Michelle Malkin, What the NYTs 8,100-Word Valarie Jarrett Profile Didnt Tell You, July 27, 2009, MichelleMalkin.com, .  .  .  Amy Schatz, FCC Official Comes Under Fire for Past Statements,  The Wall Street Journal, September 11, 2009, .  Amanda Carpenter, Diversity Czar Takes Heat Over Remarks, The Washington Times, September 23, 2009, .  Health Firms Paid Nancy-Ann DeParle $5.8 Million, POLITICO, June 12, 2009, .  Here is! Meet the New Health-Care Rationing Czar, WorldNetDaily, July 2010,   
.  Joseph Abrams, Obamas Science Czar Considered Forced Abortions, Sterilization Population Growth Solutions, FoxNews.com, July 21, 2009, .  Bailey, Ronald. John Holdren, Ideological Environmentalist, Forbes, February 2009,  
.  Maxim Lott, Critics Assail Obamas Safe Schools Czar, Say Hes Wrong Man for the Job, FoxNews.com, September 23, 2009, .  Mark Tapscott, Obama Appointee Lauded NAMBLA Figure, The Washington Examiner, 
.  David Kirkpatrick, 53 Republicans Seek Ouster Obama Schools Official, The New York Times, October 15, 2009, .  US Regulatory Czar Nominee Wants Net Fairness Doctrine,  WorldNetDaily, April 27, 2009, .  Ibid.  Ibid.  Glenn Beck, The Radical Truth About Anita Dunn, Fox News, October 18, 2009,  . 
 
Jarrett served the administrations leading promoter the failed attempt bring the 2016 Olympics Chicago.67  Her work the Olympics bid would have violated Obamas own policy against lobbyists, had fellow czar Norm Eisen (aka the former Ethics Czar) not granted her ethics waiver.  The waiver exempted her from the restrictions President Obamas ethics pledge, even though she personally led the bid before entering the White House and has numerous business ties Chicago contacts, including slumlord, convicted felon   and former Obama fundraiser Antoin "Tony" Rezko.68 
 
Though Chicago failed win its bid for the 2016 Olympics, the full extent Valerie Jarrett and the administrations involvement the bid still largely unknown. September 2009, Judicial Watch launched investigation into the administrations involvement, filing Freedom Information Act request with Chicago Mayor Richard Daleys Office.  However, the Mayors Office failed provide timely response the request.  Due this non-compliance with the Freedom Information Act, Judicial Watch was forced file suit against Chicago Mayor Daleys Office obtain the requested records.69 
 
Aside from the Chicago Olympics scandal, Jarrett also the former manager Grove Park Plaza, controversial low-income housing project located Obama's former state Senate district.  According the Boston Globe, the housing complex was considered "uninhabitable unfixed problems, such collapsed roofs and fire damage. 2006, federal inspectors graded the condition the complex 100-point scale score bad the buildings now face demolition."  
 
According documents uncovered Judicial Watch, Jarrett also linked series other shady real estate scandals involving Tony Rezko. Jarrett has also been caught the Blagojevich scandal Obama's Candidate #1 for his Senate seat.  Most Blagojevich's corrupt negotiations with the Obama team centered the possible Jarrett appointment. 
 
Diversity Czar:  Mark Lloyd 
  
Named the Federal Communication Commissions (FCC) Chief Diversity Officer July 2009, Mark Lloyd has been labeled Obamas Diversity Czar much the media.  According FCC documents obtained Judicial Watch, Lloyds mission "to open opportunities for all Americans, particular 
women, minorities, and small business owners, participate and benefit from robust communications marketplace."  
 
Almost immediately following his appointment, Lloyd was under fire from blogs, media outlets, and some members Congress for several controversial statements that made while working senior fellow the left-wing think tank Center for American Progress.  These comments included remarks the need remove white people from powerful positions the media benefit minorities.  Additionally, 2007 report for the Center for American Progress, Lloyd suggested that new licensing rules could used bring more liberal voice into talk radio, striking fears some possible return the so-called Fairness Doctrine.70  
 
Equally explosive however, was the emergence video from June 2008 which Lloyd seems praise the incredible revolution militant Venezuelan Socialist Hugo Chavez. the video, Lloyd remarks: 
 
The property owners and the folks who then controlled the media Venezuela rebelled  worked, frankly, with folks here the 
U.S.  government    worked oust him But came back with 
another revolution, and then Chavez began take very seriously 
the media his country. 
 
The Washington Times reported that has appeared meetings held the FCCs advisory committee that discuss licensing minority-owned media outlets.71  This helps stoke fears that Lloyd exerting his influence bring about changes FCC policy while still remaining unconfirmed and unaccountable. keeping with President Obamas intent mask the duties and budgets his czars, opposed his earlier commitments transparency, Lloyd reportedly shares staff with the Office General Counsel; supposedly, one was hired assigned specifically support him his work.  His position funded out the agencys fiscal year budget, and such, has separate identifiable budget for operation and administration.  
 
Health Reform Czar:  Nancy-Ann DeParle 
 
 Though former Kansas Democratic governor Kathleen Sebelius won Senate confirmation Secretary Health and Human Services, the power the department has been with czar Nancy-Ann DeParle, who President Obama appointed Director the White House Office Health Reform. 
 
 DeParle ran the Medicare and Medicaid programs under President Clinton and parlayed her government experience into lucrative income during stint the private sector.  Over the past three years, she reportedly made nearly million from her work the health care industry.  She served investment advisor Morgan Partners LLC, sat the board directors Boston Scientific Corporation, and held directorships Accredo Health Group, Inc., Triad Hospitals, and DaVita Corporation  all, some ten boards, while advising Morgan. 
 
 From 2002 2008, DeParle served member the government-chartered Medicare Payment Advisory Committee (MedPAC), panel that advises Congress what Medicare should cover and what price. June 2009, Obama signed executive order requiring appointees pledge not participate in any particular matter involving specific parties  directly and substantially related any former employer former clients for period two years from the date his her appointment. the case DeParle, difficult imagine any health care reform issue not involving one her former employers, clients, and/or corporate boards the health care industry.72  For instance, she earned least $376,000 from Cerner Corporation, which specializes health information technology. Yet, health czar, DeParle has unmeasured clout directing some $19 billion federal stimulus money earmarked for health information technology. 
 
 Despite Obamas lip service with regard transparency, and DeParle are reluctant reveal assets divested her and how many times, any, DeParle has recused herself from policy matters and meetings. has been noted, the position Health Care Czar now vacant, with DeParles 
 appointment January 2011 Deputy White House Chief Staff for Policy.  
 
Medicare/Healthcare Czar: Dr. Donald Berwick July 2010, the White House announced that President Obama was bypassing the Senate using recess appointment install Dr. Donald Berwick Administrator the Center for Medicare and Medicaid Services (CMS).  The recess appointment was somewhat unusual move the Obama administration circumvent what claimed would effort Senate Republicans stall the nomination process unusual because the Senate was recess for less than two weeks and Senators were waiting for Dr. Berwick submit responses some their requests for information. 
 
 Prior accepting the appointment the President, Dr. Berwick was President and CEO the Institute for Healthcare Improvement and professor Harvard Medical School and the Harvard School Public Health. also pediatrician, adjunct staff member the Department Medicine Boston Childrens Hospital and consultant pediatrics Massachusetts General Hospital. has served chair the National Advisory Council the Agency for Healthcare Research and Quality and elected member the Institute Medicine (IOC). 
 
 Undoubtedly his experience and dedication medical treatment children would have been seen impressive qualifications, but what was lost the action Obama was the ability the Senators ask about extremely controversial statements made the doctor and what appears unorthodox  and perhaps dangerous  policy views that will ultimately impact the lives and health care Americans. 
 
 Perhaps Dr. Berwicks most notorious statement was:   
 
 Any health care funding plan that just, equitable, civilized, and 
  humane must, must redistribute wealth from the richer among the poorer and the less fortunate. Excellent health care is,  
 definition, redistributional.73 
 
 Such statement and others equally extreme, along with his support for Great Britain-type health care system, suggests Berwick socialist  and now able run amuck shaping the future Medicare and Medicaid the U.S. 
 
 With his appointment set expire the end this year, Berwick has been nominated for permanent head the CMS, but not likely receive hearing.  Already, Republican Senators have urged that his nomination withdrawn, and votes are enough block his approval. Another recess appointment possibility, but also unlikely. 
 
Science Czar: John Holdren  
 
 Despite the relative success the Senate vetting process catching controversy  before appointment confirmed (Tom Daschle, Ron Kirk, Bill Richardson,  Charles Freeman, etc.), there are controversial Obama czars who were appointed  consistent with the advice and consent provisions the U.S. Constitution.   When particular party controls both the executive and legislative branches,  controversial appointments may pass through more easily.  One such case  Obamas science czar, John Holdren, who was confirmed March 19, 2009,  Director the White House Office Science and Technology Policy.   
 
 Four months following Holdrens confirmation, reports began circulating the  alarming ideas considered 1977 text book which co-authored.  Titled  Ecoscience: Population, Resources, Environment, the book espouses that to  provide high quality life for all, there must fewer people.   
 
Concerned with rising world population, the book considers possible plans implement population control, including forced abortions, involuntary sterilizations, and other coercive proposals [that] deserve discussion. also formulates the world government, called the Planetary Regime, necessary implement such policies.  Unfortunately, the book and its disturbing viewpoints 
were never brought during the confirmation process, when Senators could have sought  answers.74 
 
 Holdren also has reputation for snubbing public discourse science and far  from the image transparency that Obama touted during the campaign.75 
 
Safe and Drug-Free Schools Czar:  Kevin Jennings 
  
Kevin Jennings another controversial Obama czar appointed the President through regular constitutional procedures. the Safe Schools Czar, Jennings serves Assistant Deputy Secretary for the Office Safe and Drug Free Schools, Inferior Officer position the Department Education that was created through statute. Inferior Officer, the significant authority Jennings position legally granted with the advice and consent the Senate without his having undergo Senate vetting and approval. 
 
Because Jennings was appointed without Senate vetting, was only after was  already position authority that controversy surfaced.  Many were taken  aback learn Jennings past efforts overtly promote homosexuality public  schools.  During the 1990s, Jennings established the Gay Straight Alliance  (GSA), along with the Gay Lesbian Straight Education Network (GLSEN).  The  GLSEN caused controversy 2000 for holding educational seminar that  described children various unorthodox sexual practices.76 Further, Jennings has  publically praised Harry Hay, who associated with the North American Man- Boy Love Association (NAMBLA).  Jennings also wrote the forward book  entitled Queering Elementary Education.77  
 
The public was most shocked, however, hear his own account the advice he, the Safe Schools Czar, had given teacher year-old gay student 1988 2000 GLSEN rally Iowa.  Jennings recounted incident which male student believed (later revealed have been the time) told him that was meeting older men for sex Boston bus stops. teacher back then, Jennings reported that his response the boy was You know, hope you knew use condom.   
 
Surfacing this incident created big enough stir have House Republicans  call for Jennings removal from his position the Department Education.78   Despite the demand, the Obama administration has thus far stood Jennings. 
 
Regulatory Czar:  Cass Sunstein 
 
  Cass Sunstein was nominated the post Administrator the Office Information and Regulatory Affairs President Obama April 20, 2009, and was confirmed the Senate September 10, 2009.  Sunstein President Obamas friend from their days the University Chicago Law School.  Sunstein has been embroiled controversial statements and unconventional 
thinking since well before his nomination, including back 2002 when wrote book entitled Republic.com. the book, Sunstein discussed the drawbacks limitless choices the Internet that allow people seek out only like-minded people and opinions that merely fortify their views. presented the idea the government requiring sites link opposing views, before came realize was bad idea and almost certainly unconstitutional.79 also proposed 2004 his book, Nudge, that emails should prevented technology from being sent until after 24-hour cooling-off period has expired. suggested that email software have built-in civility check that can accurately tell whether the email being sent angry, and so, cautions the sender with this warning: This email appears uncivil. you really want send it?80 his 2004 book, Animal Rights, Sunstein suggested that animals ought able bring suit, with private citizens acting their representatives, ensure that animals are not treated way the violates current law.81 2007, speech that must have raised the hackles the National Rifle Association and millions gun-owning Americans, Sunstein proposed speech Harvard that the government ban hunting the U.S. 
 This the person charged with reviewing federal regulations, reducing  paperwork, and overseeing policies relating privacy, information quality, and  statistical programs the Obama White House. 
The Holdren, Jennings and Sunstein controversies demonstrate that even legally appointed czars can prove scandalous. Despite the political controversies, though, statutorily approved czars are somewhat more accountable, since they can called testify before Congress.  Further, because their positions are established statute, there least degree clarity their roles, and therefore greater degree transparency (at least theory) comparison the more shadowy administration figures. 
 
 
Controversial Czars Who Resigned has been reported, number czars have resigned from their positions the Obama administration.  While those resigning have, most instances, stated personal reason for leaving, for some, the true reason likely due the mounting controversy impacting their positions and actions.  The following individuals stand out for unethical  and some instances, perhaps illegal  behavior. 
 
Manufacturing Czar:  Ron Bloom 
 
Upon Steve Rattners resignation July 2009, the Treasury Department announced Ron Bloom the new Car Czar.  Officially, Senior Advisor the Secretary the Treasury, Bloom served the leader the task force overseeing the auto bailouts. longtime lawyer for labor unions, including the Service Employees International Union (SEIU) and the United Steel Workers, Ron Bloom yet another administration czar that lit the blogosphere after the revelation past quote with socialist overtones. late October 2009, the heels controversy involving Obamas then communications director Anita Dunn (who claimed the ruthless Chinese communist-dictator Mao Tse-Tung one her favorite political philosophers), video emerged Ron Bloom speaking the Union League Club February 2008.82 his speech, Bloom attested that the free market nonsense, and made his own reference Mao.  Bloom stated: 
NOTES  Kathy Shaidle, Ron Bloom: Another White House Insider Praises Mao (video), The Washington Examiner, October 20, 2009, .  Ron Bloom Tapped for Obamas Senior Counselor for Manufacturing Policy, Industry Week, January 28, 2011, .  Obama Climate Czar has Socialist Ties, The Washington Times, January 12, 2009,  
.  Browner Environmental Radical  (seriously), The Washington Examiner, January 2009, .  Neela Banerjee, Lightning rods departure casts doubt policy, Chicago Tribune,           January 27, 2011 Thursday, Chicagoland Final Edition, NEWS; Pg. (LexisNexis, July 29, 2011)  .  Benjamin Lesser and Greg Smith, Buildings Sprang Donations Rained Down Bronx Bourough President Adolfo Carrion New York Daily News, March 2009, . Robert Gearty and Greg Smith, Probers Looking Whether Adolfo Carrion Got Steep Discount Home Renovations, New York Daily News, March 23, 2008, .  Obamas Chief Techie: Big Plans, and Old Shoplifting Rap, abcNews Technology,   March 24, 2009, .  Cisco CCNA  Yusaf Acar Busted FBI Perp Federal Bribery Sting, NETWORKWORLD, March 12, 2009, .  Barackistan Scandal the Day: More Vivek Kundra, RBO, March 17, 2009,  .  Peter Whoriskey and Tomoeh Murakami Tse, Rattner Resigns Obamas Point Man the Auto Industry, The Washington Post, July 14, 2009, .  David Caruso, Ex-Car Czar Rattner Settles Probe for $10M, The Seattle Times, AP-NEW YORK, December 30, 2010, .  John Crudele, Car Czars Roundabout Ties General Motors, The New York Post, November 2009, . 
                                                        
 
 
 
Generally speaking, get the joke. know that the free market nonsense. know that the whole point game the system, beat the market least find someone who will pay you lot money, 'cause they're convinced that there free lunch. know this largely about power, that it's adults only limit game. kind agree with Mao that political power comes largely from the barrel gun.83 January 28, 2011, Bloom was given new role the administration 
 President Obama and was elevated White House staff provide him with  more clout.  His new title was Assistant the President for Manufacturing  Policy. August 2011, Blooms resignation was announced the White  House, absent any plans fill his vacancy.84 
 
Energy and Environment Czar:  Carol Browner 
Former Administrator the Environmental Protection Agency (EPA) under President Clinton, Carol Browner was tapped Obamas Global Warming Czar during the Presidents transition power. January 2009, various blogs and news sources revealed that Browner was one listed leaders Socialist Internationals Commission for Sustainable World Society.  Socialist International worldwide organization socialist and left-leaning political parties.85   
 
Among other marks its radical leftist agenda, the organization has stressed global governance the solution the financial crisis, war, and climate change. June 30, 2008, conference Greece, Browner spoke the Commissions panel, How Strengthen the Multilateral Architecture for Sustainable Future?  Her fellow panelists included Russian legislator, vice minister the 
International Department Chinese Communist Partys Central Committee, and former minister the Spanish Socialist Workers Party.86 
 
Also concern and under investigation Judicial Watch was Browners role point person for the Obama administration terms secret negotiations establish automobile emission standards, well her participation negotiations involving cap and trade legislation (American Clean Energy and Security Act 2009). indicated, Browner announced she was leaving her position, reportedly because the cap and trade bill failed gather enough votes the Senate.  Another reason, however, could the fact that Fred Upton, the new chairman the House Energy and Commerce Committee, had indicated intention investigate Browners authority. 
 
Browners departure was announced the White House January 27, 2011.  There word replacement for Browner, only that much reorganization occurring the administration.87 
 
Urban Affairs/ Housing Czar: Adolfo Carrion 
 
Adolfo Carrion was the director the White House Office Urban Affairs, office created the Obama administration February 2009 Executive Order.  According the executive order, Carrions responsibilities were to provide leadership for and coordinate the development the policy agenda for urban America across executive departments and agencies and to coordinate all aspects urban policy.88  
 
Carrions qualification for the role stemmed from his work urban development the Bronx Borough president.  However, March 2009, the New York Daily News ran several stories revealing numerous conflicts interests concerning donors Carrions campaign. These were contributions from New York developers who were receiving, subsequently received, approval and taxpayer funding for major development projects under Carrions jurisdiction.   
 
One questionable donor was the Jackson Development Group. 2007, the group was sitting stalled project for the development affordable housing. 2007, employees from Jackson Development Group donated $35,650 Carrions campaign, and year later 2008, Carrion announced million taxpayer funds for the project.  Another questionable Carrion donor was Jose Velazquez, owner Tri-Line Contracting. fundraiser, Velazquez raised $83,700 for Carrions campaign.  During this period, Tri-Line was one the contractors 
working the Bronxs new Yankee Stadium, which Carrion signed off.89 
 
Among Carrions questionable donors, the most suspicious are those involved the Bronxs Boricua Village project  which included 679 housing units and story tower  and provided $7.5 million taxpayer funding Carrion.90  The projects developer was the Atlantic Development Group, whose owner (Peter Fine) and employees donated $52,400 Carrions campaign. This was Carrions largest single source donations.  Further, the projects architect, Hugo Subotovsky, was hired Carrion design new front porch for his Victorian house.  The porch was originally estimated $50,000, but according the New York Daily News, the final price for the project ended being only $24,000.   
 
These numerous conflicts interest would have surely come any Senate confirmation hearing for officer charge coordinating Americas urban policy. 
 
Carrions official date resignation unreported. 
 
Information Technology Czar: Vivek Kundra 
 
President Obama appointed Vivek Kundra Federal Chief Information Officer the White House Office Management and Budget, despite criminal background. 21-year old 1996, Kundra was convicted misdemeanor theft, having stolen handful mens shirts from J.C. Penney department store (plus running away failed attempt avoid arrest).91 
 
The White House has downplayed the incident youthful indiscretion, and 
Obama has enthusiastically promoted Kundra playing a key role making sure our government running the most secure, open, and efficient way possible. 
 
Kundra also under umbrella suspicion for other concerns and relationships.  For instance, before moving over the White House, was serving the chief technology officer for the District Columbia.  During the transition, two his underlings, Yusuf Acar (who had received several promotions from Kundra) and Sushil Bansal, were charged alleged scheme bribery, kickbacks, ghost employees, and forged timesheets.92,   
 
Kundra was put leave for five days and reinstated after the government informed him that was neither subject nor target the investigation.  The Obama White House then defended Kundra publically stating was ignorant the goings his workplace some 300 employees.  
 
While that may have seemed like plausible defensewhat does suggest about Kundras ability police government technology operations across the entire federal government? 
 
Car Czar: Steve Rattner 
 
Steve Rattner was the head the Obama administrations auto task force, until suddenly announced his resignation July 2009.  The auto task force oversees the restructuring and investment billions taxpayer dollars into General Motors and Chrysler. April 2009, details emerged concerning Quadrangle Group, the private equity firm that Rattner founded and ran until February 2009.  Quadrangle was the middle joint Securities and Exchange Commission/ New York State Attorneys Office investigation into pay-for-play schemes (kickbacks).    
 
According the Washington Post, sources identified Rattner being directly involved paying over million middlemen order win investments from the New York state pension funds. result, was accused the Security and Exchange Commission (SEC) and the state attorney general improper payments. While the SEC charges were settled two-year ban from certain Wall Street businesses and $6.2 million fine), further action against Rattner was pursued the state attorney general.94 
 
Note: Thursday, November 18, 2010, Steven Rattner was formally accused Andrew Cuomo, New Yorks attorney general that time, engaging kickback scheme involving the states pension system (Cuomo subsequently won the race for New York Governor the November election and assumed office January 2011.)  Despite being Democrat, Cuomo was seeking $26 million fine and ban Rattner for life from the securities business New York. settlement was announced December 30, 2010.  Rattner agreed pay $10 million settle influence-peddling allegations New York, but part the deal, he admitted wrongdoing.95   
 
Another worrisome matter Rattners term auto czar his personal connections firm directly involved the bailout that oversaw.  Rattners brother-in-law partner Cadwalader, Wickersham Taft, the law firm hired the government develop the bankruptcy framework eventually used for General Motors (GM) and Chrysler.96 The plans for bankruptcy that Cadwalader helped develop (involving the sale Chrysler Fiat and the reemergence GM) were only approved upon Rattners denial the restructuring plans submitted and Chrysler February 17, 2009.  Though there evidence yet that Rattner was directly influenced his family ties, the mere appearance possible conflict interest is, nevertheless, unsettling.97 
NOTES  Micheline Maynard and Michael Merced, A Cliffhanger See Turnaround Succeeds, The New York Times, July 25, 2009, .  New Zeal, Obama File Obama Appoints Former Communist White House Green Job,  August 2009,  .  Scott Wilson and Garance Frank-Ruta, White House Advisor Van Jones Resigns Amid Controversy Over Past Activism, The Washington Post, September 2009, . 
 
 100  Just How Stupid Does Elizabeth Warren Barack Obama) Think You Are? Reason Magazine, September 23, 2010, . 
 
 101  Middle Matters, TPMCaf, May 26, 2005, .  
 
 102  Elizabeth Warrens GOP Charm Offensive, The Daily Beast, March 2011, .  
 
 103  Jim Kuhnhenn and Julie Pace, Consumer czar faces fight, Associated Press, July 19, 2011,  .   
  
 104  Obama Administration Full Tax Cheats, Socialists, and Radicals, Before Its News, October 2010, . 
 
 105  U.S. Department the Treasury, Interim Final Rule TARP Standards for Compensation and Corporate Governance, July 2009, . 
 
 106  Dave Clarke/Reuters, Pay czars salary curb ways opaque, says panel, February 10, 2011, .   
 
 107  See Buckley Valeo, 424 U.S. (1976) for the Supreme Courts definition officer the United States. 
 
 108  Michael McConnell, The Pay Czar Unconstitutional, The Wall Street Journal, October 29, 2009, . 
                                                                                                                                                   
 109 The White House Office the Press Secretary. Executive Order: Establishment the White House Office Health Reform, April 2009, .  
 110 The Washington Examiner, Put nothing writing, Browner told auto execs Secret White House CAF talks; Sensenbrenner wants investigation July 2009, .  
 
 111 Stephan Dinan, White House: Policy Czars Wont Testify Washington Times, October 23, 2009, .  
 
Green Jobs Czar:  Anthony Van Jones  
 
Van Jones was appointed March 2009 President Obamas Special Advisor for Green Jobs and Innovation for the White House Council Environmental Quality.  Jones radical ties quickly became the biggest czar controversy the Obama administration date. few months after Jones appointment, blogger from New Zealand reported his radical past.98  Almost immediately, American internet blogs and talk show host Glenn Beck were uproar over Jones self-admitted anarchist/communist past.   
 
During the 1990s Jones was involved with San Franciscos radical Marxist revolutionary group, Standing Together Organize Revolutionary Movement (STORM).  Further, Jones publicly avowed support for cop-killer Mumia Abu-Jamal, death row inmate who was convicted murdering Philadelphia police officer 1981.  Most shockingly, among numerous other controversies, Jones signed petition 2004 calling for investigations into the claim that the Bush administration intentionally caused the events September 11, 2001.   
 
After attempting deflect criticism, Jones resigned September 2009.99 
 
Consumer Czar:  Elizabeth Warren other appointment raised much ire among Republicans and some Democrats Congress, the financial sector, and significant portion the American public the appointment President Obama Elizabeth Warren head the newly formed Consumer Financial Protection Bureau (CFPB).100  Her formal title was Assistant the President and Special Advisor the Secretary the Treasury the Consumer Financial Protection Bureau.  Officially located under the umbrella the Federal Reserve Bank, Warren was supposedly accountable President Obama and Treasury Secretary Timothy Geithner. 
 
 One reason for the uproar was the flagrant action taken Obama circumvent the role the Senate examining and evaluating her qualifications, viewpoints, and ability run the bureau. Given the extraordinary amount power and extremely large budget ($400 million), this particular position should come under the advice and consent rules the Constitution. 
 
Instead, Obama ignored the Constitution and named Warren interim appointment. The Presidents strategy was sneak Warren through the backdoor allowing her put her leftist stamp this powerful new agency. 
 
And why did Obama ignore the constitutional vetting process?  Because knew Warren did not stand chance confirmation due her radical views and alleged ethical transgressions. 
Known the left-wing patron saint so-called consumer protection, Warren has demonstrated penchant for provocative and anti-business statements.  For example, blog she crafted for TPMCafe.com 2005, Warren said:  
...big corporate interests, led the consumer finance industry, are devouring families and spitting out the bones.101 
 Regarding Warrens ethics, she has been accused manipulating data support her opinion.  One example involves Megan McArdle, the economics and business editor Atlantic magazine, who has challenged the academic work Warren has been highly praised for throughout her career.  McArdle has taken issue with report published Warren and two colleagues that argued high medical costs had become the biggest reason for bankruptcy filings.  McArgue responded saying: 
 
  Yet, upon closer examination, turns out that not just wrong, 
  but actively, aggressively wrong.  Warren and her co-authors have 
  obscured important and obvious facts that call the integrity the 
  work into serious question. 
 
 According McArdle, what Warren purposely obscured that between 2001 and 2007, bankruptcy filings decreased dramatically, fact that essentially invalidates the report.  McArdle has subsequently accused Warren skewing her studies reinforce already held beliefs the left. 
 
 Judicial Watch initiated investigation into the controversies surrounding       Ms. Warren and the CFPB March 22, 2011.  Documents uncovered Judicial Watch June 2011 indicate that the CFPB had been intensely involved 50-state settlement underway with the nations largest mortgage lenders related alleged improper foreclosure procedures. The documents, obtained response open records requests with CFPB and the offices attorneys general from all states, seemed contradict Warrens statements before Congress suggesting her office responded requests for advice, but did not seek push its views.  During March 16, 2011, hearing the House Financial Services Subcommittee Financial Institutions and Consumer Credit, Ms. Warren characterized her agencys involvement the state settlement negotiations: We have been asked for advice the Department Justice, the Secretary the Treasury, and other federal agencies. And when asked for advice, have given our advice.  
 
 However, emails obtained Judicial Watch from several states suggest her agencys participation was far more intense and aggressive. Warren called emergency meetings phone and person with attorneys general nationwide contribute unsolicited input the matter. The documents also indicate that Warrens office insisted keeping its contact with the state attorneys general secret. 
  
 For example, February 25, 2011, email the Executive Committee the National Association Attorneys General (NAAG), Iowa Assistant Attorney General Patrick Madigan wrote: Elizabeth Warren would like present the CFPBs view loan modifications. And two weeks earlier, similar email was distributed NAAGs Loss Mitigation Subgroup Warrens behalf. email February regarding that meeting, Madigan points out that The CFPB wanted stress the confidential nature this briefing. 
  
 The March 22, 2011, FOIA request the CFPB for all records Warrens communications with each states attorney general produced single heavily-redacted document regarding February meeting with Illinois Attorney General Lisa Madigan. 
   
 But state attorneys general nationwide supplied dozens documents Judicial Watch showing contact between their offices and Warrens, including emails establishing closed-door meetings between Warren and New York Attorney General Eric Schneiderman February and March  
 
 During this time, though ultimately unsuccessful, Warren went campaign  especially with Republicans Congress  soften the animosity toward her. Beginning with members the House Financial Services Committee, she was methodically working her way through the GOPs new members, many whom are her harshest critics.  The Senate, however, may have been another story, she reportedly was having difficulty getting appointments with key Senators whose support she needed. was feared that Warrens efforts failed garner such support, she could become recess appointment President Obama.  Instead, July 18, 2011, Obama, apparent acknowledgment Warrens inability win Senate confirmation, nominated former Ohio Attorney General Richard Cordray director the CFPB following Warrens departure August. 102, 103 
 
 Warren now candidate for the U.S. Senate Massachusetts.  
 
 The CFPB arose out the Dodd-Frank Wall Street Reform Act and this new federal agency officially gained its authority under the law July 21, 2011. 
 
 
Examples How Obama Circumvents the Constitutionally Required 
Confirmation Process the Senate March 2008, President Obama made the following claim: 
 
The biggest problems that we're facing right now have with George  Bush trying bring more and more power into the executive branch and not through Congress all.  And that's what intend reverse when I'm president the United States.104 
 
Apparently, changed his mind, and instead, created more czars than any President before him. 
 
The problem unconfirmed policy czars revolves around the balance between executive privilege and congressional oversight.  Certainly, Presidents require level confidentiality with their White House policy advisors order foster frank give-and-take advice and ideas.  However, such constitutional officers can still compelled testify and remain subject congressional oversight. some cases, constitutional officers have delegated authority czars who act Inferior Officers the Constitution, notwithstanding that Congress has not authorized the inferior office.  Such actions appear outside the law. June 10, 2009, Treasury Secretary Timothy Geithner appointed Kenneth Feinberg serve the Special Master for Compensation.105 this role, Feinberg possessed significant authority set compensation regulations for companies receiving money from the Troubled Asset Relief Program (TARP).  Following Feinbergs departure become administrator the $20 billion dollar Oil Spill Claims Fund, Patricia Goeghegan, Treasury department official, took over his position Pay Czar.106 
 
Though the Pay Czar can removed the Treasury Secretary, wishes, Feinberg and Geoghegan were invested with significant authority regarding executive compensation for major private corporations, giving them the status either Officer Inferior Officer the United States.107  The TARP legislation, however, established the authority set compensation only the Treasury Secretary; Geithners sub-delegation statutory authority received advice and consent from the Senate and likely violates the Appointments Clause the Constitution.   
 
Michael McConnell, Director Stanford Universitys Constitutional Law Center, argued   that the Pay Czar was unconstitutional, writing that Congress: 
 
  .vested the authority implement TARP's compensation provision the  Secretary the Treasury.  The secretary may sub-delegate that power  someone else, but that someone must officer properly appointed  and with the advice and consent the Senate.108  
Thus, the Pay Czar exercising significant authority pursuant the laws the United States, without having undergone Senate confirmation. 
 
The Obama administration deliberately circumvents congressional oversight routinely investing czars with broad and vague responsibilities.  These responsibilities often overlap with, and may even replace, the duties previously assigned Senate confirmed statutory Officers.   
 
The problem vague, yet powerful, policy czars usurping the power statutory Officers has not gone unnoticed the Senate. September 14, 2009, six members 
the Senate Committee Oversight and Governmental Affairs sent letter President Obama expressing concern that least czars either duplicate dilute the statutory authority and responsibilities the Congress has conferred upon Cabinet-level officers and other senior Executive branch officials.  
 
For many czars, the title their position alone seems overlap with established administration and agency heads.  For instance, the Obama administration created Health Reform Czar (Nancy-Ann DeParle) serve the Director the White House Office Health Reform. this role, one DeParles stated duties was develop and implement strategic initiatives under the President's agenda strengthen the public agencies and private organizations that can improve the performance the health care system. Sure enough, the run the passage Obamacare, DeParle was the administration point person, not Secretary Health and Human Services, Kathleen Sebelius.109   
 
Former Energy and Environment Czar Carol Browner another example policy advisor with far too broad range responsibilities. Specifically, when Browner participated secret negotiations emission standards with auto industry executives  meetings which Browner instructed the industry executives put nothing writing, ever  she seems have taken the responsibilities existing officers.110  
 
The regulation emissions from automobiles clearly falls under the purview the Environmental Protection Agency (EPA) and/or the Department Transportation (DOT), both which are currently collaborating implement the new federal standards. Why was not the Secretary the EPA the DOT that conducted negotiations over prospective auto emission standards?  Both these Secretaries receive their authority through the advice and consent the Senate and can compelled testify before Congress.   
 
Compelling Carol Browner testify, however, would have been difficult, and  according Senator Susan Collins  the administration instructed czars not testify Congress.111  The secrecy with which Browner conducted the negotiations emphasizes the worrisome aspects her former functions unaccountable czar. 
 
One additional instance policy advisors circumventing congressional oversight the appointment Weapons Mass Destruction (WMD) Czar President Obama, position that virtually identical existing statutory position. 2007, Congress followed through the recommendations the 9/11 Commission and created "United States Coordinator for the Prevention Weapons Mass Destruction, Proliferation and Terrorism," who was subject Senate confirmation and congressional oversight.112  
NOTES 
 
 112 U.S.C.  2931 (2009). Office the United States Coordinator for the Prevention Weapons Mass Destruction Proliferation and Terrorism, . 
 
 113 Michael Isikoff and Mark Hosenball, Nobody Home: Wheres the congressionally mandated WMD Czar?, Newsweek, October 15, 2008, .   
  
 114  Jack Tapper and Jason Ryan, WMD Czar, Hardly Knew Ye, ABC News, December 2008, . 
 
 115 Testimony the Honorable Thomas Ridge Before the United States Senate Homeland Security and Governmental Affairs Committee, October 22, 2009, .  
 
 116 President Barack Obama, Memorandum for the Heads Executive Departments and Agencies, Subject: Freedom Information Act, January 21, 2009, . 
 
 117  Judicial Watch, Ethics Waivers, .   
 118 Erik Wasson, Speaker Boehners office not surprised Obama Keeps czars, The Hill, The Hills Blog Briefing Room, April 16, 2011, . response, George Bush simply declined fill the position, and reports circulated that members the administration were uncomfortable with the prospect that the director White House office would required report regularly Congress.113, 114  
 
Upon taking power, the Obama administration also declined fill the position and instead, appointed its own WMD Czar, Gary Samore, the Special Assistant the 
President and White House Coordinator for Arms Control and Weapons Mass Destruction, Proliferation, and Terrorism. Samore was not confirmed and not subject oversight, would the statutory WMD Czar.  Like many other czars, Samores job description vaguely defines him coordinator, which allows for broad range potential responsibilities. the Obama administration displays propensity rely murky system czars run the government, roles responsibility and lines accountability are increasingly blurred.  Such system governing works against goals for greater transparency, creating instead wider gap between the American people and the individuals governing our nation.   
Additionally, there are practical consequences Presidents misuse of, and overreliance on, unaccountable policy advisors. government that functions based complex system czars risks creating even more inefficient bureaucracy that hindered clear demarcation roles. former Homeland Security Czar Tom Ridge stated his October testimony before Congress: 
 
[W]ithout clear delineation responsibilities and reporting authority, this creates both potential management problem and the appearance potential conflict.  This also would diminish the capacity both advisor and Secretary operate effectively accordance with the Departmental missions, and cause confusion for those under the chain command well outside the departmental purview.115 called policy advisors increasingly act with significant authority; they subvert the accountability envisioned the Founding Fathers and crucial constitutional check the executive branch. 
 
 
Judicial Watchs FOIA Investigation Obama Czars Marked Selective Transparency significant problem with Obamas policy czars the clear lack government oversight and accountability. many the positions are designated simply advisors coordinators, the individuals are not readily subject the Freedom Information Act (FOIA), even they serve within agencies legally obliged FOIA; and because they have reportedly been instructed the White House not testify before Congress, their actions remain shrouded secrecy. Any information their roles and influence revealed when, and the extent, the administration sees fit. attempt obtain basic information the role each the czars the Obama administration, Judicial Watch conducted investigation into the mission, budget, and staffing Obama administration czars.  Considering President Obamas instruction the heads executive departments and agencies that the presumption disclosure should applied all decisions involving FOIA, one would expect timely, substantive 
and complete responses requests for basic information.116  However, rather than fulfilling campaign promises transparency, the Obama administration has largely disregarded Judicial Watchs requests.    
 
Despite submitting document requests for czars  covering missions, budget, and staffing  Judicial Watch has only received limited number total responses. these responses, only few provided the information requested within the statutory time frame, and even fewer submitted documents that could even remotely considered substantively responsive.   
 
Many the requests pertain agencies that are required law respond FOIA requests; yet, number those agencies have yet acknowledge the requests.  For example, the Department State failed respond and only acknowledged the requests after more than two months (FOIA requires response within days).  The Department Treasury has acknowledged requests, but has undeniably failed respond the questions about the mission, budget, and staffing controversial appointments Kenneth Feinberg and Earl Devaney. 
   
Judicial Watch has received some responses czar FOIA requests, what can best described selective transparency.  For instance, the FCC provided partial response Judicial Watchs request for information regarding Diversity Czar Mark Lloyds mission, budget, and staffing.   
 
According the documents, Lloyd's mission "to open opportunities for all Americans, particular women, minorities, small business owners, participate and benefit from robust communications marketplace." Among Lloyd's duties and responsibilities: "To work with the Consumer Bureau (and other bureaus appropriate) collect relevant data and assess the interaction between communications service providers and consumers minority communities..." and "to consult with other federal agencies determine best practices for advancing the goal greater inclusion and diversity government programs." 
 
However, response Judicial Watchs request for information pertaining Chief Diversity Officer Mark Lloyd's office staffing and budget for operation and administration, FCC Associate General Counsel Joel Kaufman responded, "We could locate records responsive  parts your request.  While Mr. Lloyd shares support staff with others the OGC (Office General Counsel), one was hired assigned specifically support him his work.  His position funded out the agency's fiscal year budget  but has separate budget for operation and administration." similar response was received for Anthony Van Jones, with his agency only disclosing that was supported staff seven. general, responses Judicial Watchs FOIA requests include statement that the individual not czar, refusal process the request due minor procedural technicalities, and printouts agency website information.  The Office Management 
and Budget did provide response containing the statutes designating the positions for the three individuals housed their office, but could not provide budget for any the individuals because the czars budgets are out their scope.   
 
Following delay several months, the Office Management and Budget concluded that was unable respond substantively Judicial Watch requests concerning the individual (czar) offices the overall budget for President Obamas czars.  The inability unwillingness provide this simple information just one signal how far the Obama administration straying from transparency and accountability. addition ignoring FOIA requests for basic information czars, the Obama administration has deemed necessary implement ethics waivers certain administration officials.  President Obama campaigned that would reform government and eliminate the influence lobbyists administration officials. has, however, had make exceptions his ethics pledge providing waivers for certain individuals they can participate his administration. total, such waivers have been granted, three which have gone czars: Valerie Jarrett, Ashton Carter, and Herb Allison (who resigned September 22, 2010).117  These ethics waivers further raise concerns about the actual intent President Obama provide transparent and ethical government. 
 
Judicial Watch has taken significant legal action force the Obama administration transparent regarding the activities its czars: Judicial Watch filed FOIA lawsuit November 10, 2009, against the office Chicago Mayor Richard Daley obtain records related the Obama administrations failed bid bring the Olympics Chicago.  President Obama tapped White House Senior Advisor Valerie Jarrett lead the Olympics effort, despite her personal and business ties Chicago.  The investigation Judicial Watch centered Jarretts role, possible conflict interest, and the ethics waver granted the White House. Judicial Watch filed FOIA lawsuit December 28, 2009, against the Department Energy (DOE) and the Environmental Protection Agency (EPA) obtain documents related President Obamas Assistant the President for Energy and Climate Change, Carol Browner, and her role crafting official U.S. climate policy.  Information was also requested Browners role auto industry discussions and negotiations concerning fuel standards and auto emissions and discussions and negotiations with respect cap and trade legislation. Judicial Watch filed FOIA lawsuit February 25, 2010, against the U.S. Treasury Department obtain documents regarding meetings involving Kenneth Feinberg, appointed Special Master for Compensation, American International Group (AIG) Chairman Robert Benmosche, and New York Federal Reserve Bank President William Dudley.  Judicial Watch has uncovered documents through FOIA request that indicated Feinberg received annual salary $120,830 

establish executive compensation levels companies bailed out the federal government.  This information contrary claims the government that Feinberg would not compensated for his work for the Treasury Department. Judicial Watch obtained documents based FOIA lawsuit filed March 17, 2010.  The documents reported closed-door health care meetings attended Vice President Joe Biden, U.S. Health and Human Services Secretary Kathleen Sebelius, House Speaker Nancy Pelosi, Senate Majority Leader Harry Reid, and President Obamas Health Reform Czar Nancy-Ann DeParle.  Such secret meetings clearly violated one Obamas key campaign promises: televise all health care discussions C-SPAN.  Im going have all the negotiations around big table, the President said during town hall meeting August 2008. 

Importantly, the documents uncovered Judicial Watch include agenda for January meeting between Big Labor and White House staff, including Vice President Biden.  (This agenda was redacted the original batch documents released Judicial Watch and was sent later under separate cover.)  The agenda shows that the meeting was not about the public interest health care, but about the concerns Big Labor.  
 
Conclusions 
 
The issue presidential czars raises questions four fundamental areas governance: (1) the constitutionality policy czars; (2) the degree which the U.S. Senate circumvented the appointment policy czars; (3) the political controversy that results from avoiding the Senates vetting process; and (4) issues concerning the overall transparency government that operates through system czars.  
 
Objections presidential czars can leveled number grounds, depending the role the particular czar.  The most basic constitutional objection that the activities these policy advisors ran afoul the Appointments Clause the U.S. Constitution.  Some czars, such former pay czar Kenneth Feinberg, effectively act with the authority Officers the United States, despite having never being confirmed. addition, presidential czar appointments departmental positions have increased dramatically under the Obama administration.  Many the czars departmental positions appear report directly the President and undermine the authority Cabinet secretaries.    
 
President Barack Obama has essentially doubled the number czar positions created executive order.  While Article Section the U.S. Constitution authorizes the executive order means ensuring effective operation the government, the vague responsibilities bestowed upon many these czars are confusing lines authority government.  Furthermore, many Obamas political operatives are usurping power from statutory officers.  Such instances constitute circumvention constitutional oversight.   
 
And date, congressional efforts end funding for Obamas political operatives have been unsuccessful. rider placed the 2011 spending bill cutting non-defense appropriations and ending funding for certain highly controversial presidential advisor positions (climate change, the auto industry, health care, and urban affairs) was passed both the House and Senate and signed President Obama April 2011. But, according press reports, Obama pulled the rug out from under that provision issuing signing statement essentially stating he will continue employ advisers sees fit.  This, according Speaker Boehners spokesman, Michael Steel, was not surprising that the White House, having bypassed Congress empower these Czars objecting eliminating them.118      
 
Judicial Watch has major investigative program that seeks basic administrative information for each czar appointed the Obama administration.  After initially sending out requests for the mission, budget, and staffing individuals labeled czars the media, Judicial Watch received responses for less than half these czars.  Only few these responses provided documents responsive the initial request.  Even executive agencies subject the Freedom Information Act, such the Department State and the Department the Treasury, have ignored our requests.   
 
Judicial Watchs investigation reveals fundamental hostility transparency from the Obama administration.  The general unwillingness respond very basic questions pertaining czars mission, budget, and staffing gives lie the administrations promise new era transparency.  Further, Obamas circumvention the law and the will Congress through executive fiat destabilizing the rule law and sound constitutional government.   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
END NOTES



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