How many more Mike Browns are out there?
By MARK THOMPSON, KAREN TUMULTY, MIKE ALLEN / WASHINGTON
Monday, September 26, 2005; Posted: 5:47 p.m. EDT (21:47 GMT)
President Bush and Mike Brown during a Hurricane Katrina
briefing in Mobile, Alabama, on September 2.
SPECIAL REPORT
http://www.cnn.com/2005/POLITICS/09/26/mike.brown.tm/index.html
A TIME inquiry finds that at top positions in some vital
government agencies, the Bush Administration is putting
connections before experience.
In presidential politics, the victor always gets the spoils, and
chief among them is the vast warren of offices that make up the
federal bureaucracy. Historically, the U.S. public has never
paid much attention to the people the President chooses to sit
behind those thousands of desks.
A benign cronyism is more or less presumed, with old friends and
big donors getting comfortable positions and impressive titles,
and with few real consequences for the nation.
But then came Michael Brown. When President Bush's former point
man on disasters was discovered to have more expertise about the
rules of Arabian horse competition than about the management of
a catastrophe, it was a reminder that the competence of
government officials who are not household names can have a life
or death impact.
The Brown debacle has raised pointed questions about whether
political connections, not qualifications, have helped an
unusually high number of Bush appointees land vitally important
jobs in the Federal Government.
The Bush Administration didn't invent cronyism; John F. Kennedy
turned the Justice Department over to his brother, while Bill
Clinton gave his most ambitious domestic policy initiative to
his wife.
Jimmy Carter made his old friend Bert Lance his budget director,
only to see him hauled in front of the Senate to answer
questions on his past banking practices in Georgia, and George
H.W. Bush deposited so many friends at the Commerce Department
that the agency was known internally as "Bush Gardens."
A plan from day one
The difference is that this Bush Administration had a plan from
day one for remaking the bureaucracy, and has done so with
greater success.
As far back as the Florida recount, soon-to-be Vice President
Dick Cheney was poring over organizational charts of the
government with an eye toward stocking it with people
sympathetic to the incoming Administration.
Clay Johnson III, Bush's former Yale roommate and the
Administration's chief architect of personnel, recalls preparing
for the inner circle's first trip from Austin, Texas, to
Washington: "We were standing there getting ready to get on a
plane, looking at each other like: Can you believe what we're
getting ready to do?"
The Office of Personnel Management's Plum Book, published at the
start of each presidential Administration, shows that there are
more than 3,000 positions a President can fill without
consideration for civil service rules.
And Bush has gone further than most Presidents to put political
stalwarts in some of the most important government jobs you've
never heard of, and to give them genuine power over the
bureaucracy.
"These folks are really good at using the instruments of
government to promote the President's political agenda," says
Paul Light, a professor of public service at New York University
and a well-known expert on the machinery of government. "And I
think that takes you well into the gray zone where few
Presidents have dared to go in the past. It's the coordination
and centralization that's important here."
The White House makes no apologies for organizing government in
a way that makes it easier to carry out Bush's agenda. Johnson
says the centralization is "very intentional, and it starts with
the people you pick ... They're there to implement the
President's priorities."
Johnson asserts that appointees are chosen on merit, with
political credentials used only as a tie breaker between
qualified people. "Everybody knows somebody," he says. "Were
they appointed because they knew somebody? No. What we focused
on is: Does the government work, and can it be caused to work
better and more responsibly? ... We want the programs to work."
But across the government, some experienced civil servants say
they are being shut out of the decision making at their
agencies. "It depresses people, right down to the level of a
clerk-typist," says Leo Bosner, head of the Federal Emergency
Management Agency's (FEMA's) largest union. "The senior to
mid-level managers have really been pushed into a corner
career-wise."
Concerns in the agencies themselves
Some of the appointments are raising serious concerns in the
agencies themselves and on Capitol Hill about the competence and
independence of agencies that the country relies on to keep us
safe, healthy and secure. Internal e-mail messages obtained by
TIME show that scientists' drug-safety decisions at the Food and
Drug Administration (FDA) are being second-guessed by a
33-year-old doctor turned stock picker.
At the Office of Management and Budget, an ex-lobbyist with
minimal purchasing experience oversaw $300 billion in spending,
until his arrest last week. At the Department of Homeland
Security, an agency the Administration initially resisted, a
well-connected White House aide with minimal experience is
poised to take over what many consider the single most crucial
post in ensuring that terrorists do not enter the country again.
And who is acting as watchdog at every federal agency? A corps
of inspectors general who may be increasingly chosen more for
their political credentials than their investigative ones.
Nowhere in the federal bureaucracy is it more important to
insulate government experts from the influences of politics and
special interests than at the Food and Drug Administration, the
agency charged with assuring the safety of everything from new
vaccines and dietary supplements to animal feed and hair dye.
Scott Gottlieb at FDA
That is why many within the department, as well as in the
broader scientific community, were startled when, in July, Scott
Gottlieb was named deputy commissioner for medical and
scientific affairs, one of three deputies in the agency's
second-ranked post at FDA.
His official FDA biography notes that Gottlieb, 33, who got his
medical degree at Mount Sinai School of Medicine, did a previous
stint providing policy advice at the agency, as well as at the
Centers for Medicare and Medicaid Services, and was a fellow at
the American Enterprise Institute, a conservative think tank.
What the bio omits is that his most recent job was as editor of
a popular Wall Street newsletter, the Forbes/Gottlieb Medical
Technology Investor, in which he offered such tips as "Three
Biotech Stocks to Buy Now." In declaring Gottlieb a "noted
authority" who had written more than 300 policy and medical
articles, the biography neglects the fact that many of those
articles criticized the FDA for being too slow to approve new
drugs and too quick to issue warning letters when it suspects
ones already on the market might be unsafe.
FDA Commissioner Lester Crawford, who resigned suddenly and
without explanation last Friday, wrote in response to e-mailed
questions that Gottlieb is "talented and smart, and I am
delighted to have been able to recruit him back to the agency to
help me fulfill our public-health goals."
But others, including Jimmy Carter-era FDA Commissioner Donald
Kennedy, a former Stanford University president and now
executive editor-in-chief of the journal Science, say Gottlieb
breaks the mold of appointees at that level who are generally
career FDA scientists or experts well known in their field. "The
appointment comes out of nowhere. I've never seen anything like
that," says Kennedy.
Financial ties to the drug industry
Gottlieb's financial ties to the drug industry were at one time
quite extensive. Upon taking his new job, he recused himself for
up to a year from any deliberations involving nine companies
that are regulated by the FDA and "where a reasonable person
would question my impartiality in the matter."
Among them are Eli Lilly, Roche and Proctor & Gamble, according
to his August 5 "Disqualification Statement Regarding Former
Clients," a copy of which was obtained by TIME. Gottlieb,
though, insists that his role at the agency is limited to
shaping broad policies, such as improving communication between
the FDA, doctors and patients, and developing a strategy for
dealing with pandemics of such diseases as flu, West Nile virus
and SARS.
Would he ever be involved in determining whether an individual
drug should be on the market? "Of course not," Gottlieb told
TIME. "Not only wouldn't I be involved in that ... But I would
not be in a situation where I would be adjudicating the
scientific or medical expertise of the [FDA] on a review matter.
That's not my role. It's not my expertise. We defer to the
career staff to make scientific and medical decisions."
Behind the scenes, however, Gottlieb has shown an interest in
precisely those kinds of deliberations. One instance took place
on September 15, when the FDA decided to stop the trial of a
drug for multiple sclerosis during which three people had
developed an unusual disorder in which their bodies eliminated
their blood platelets and one died of intracerebral bleeding as
a result.
In an e-mail obtained by TIME, Gottlieb speculated that the
complication might have been the result of the disease and not
the drug. "Just seems like an overreaction to place a clinical
hold" on the trial, he wrote.
An FDA scientist rejected his analysis and replied that the
complication "seems very clearly a drug-related event."
Osteoporosis drug rejected
Two days prior, when word broke that the FDA had sent a
"non-approvable" letter to Pfizer Inc., formally rejecting its
Oporia drug for osteoporosis, senior officials at the FDA's
Center for Drug Evaluation and Research received copies of an
e-mail from Gottlieb expressing his surprise that what he
thought would be a routine approval had been turned down.
Gottlieb asked for an explanation.
Gottlieb defends his e-mails, which were circulated widely at
the FDA. "Part of my job is to ask questions both so I
understand how the agency works, and how it reaches its
decisions," he told TIME. However, a scientist at the agency
said they "really confirmed people's worst fears that he was
only going to be happy if we were acting in a way that would
make the pharmaceutical industry happy."
The Oporia decision gave Pfizer plenty of reason to be unhappy:
the drug had been expected to produce $1 billion a year in sales
for the company.
Pfizer's stock fell 1.4% the day the rejection was announced.
The FDA has not revealed why it rejected the drug, and Pfizer
has said it is "considering various courses of action" that
might resuscitate its application for approval.
Health experts note that Gottlieb's appointment comes at a time
of increased tension between the agency and drug companies,
which are concerned that new drugs will have a more difficult
time making it onto the market in the wake of the type of safety
problems that persuaded Merck to pull its best-selling
painkiller Vioxx from the market last year.
The agency's independence has also come under question, most
recently with its decision last month to prevent the emergency
contraceptive known as Plan B from being sold over the counter,
after an FDA advisory panel recommended it could be. That
Gottlieb sits at the second tier of the agency, critics say,
sends anything but a reassuring signal.
David Safavian, U.S. procurement czar
David Safavian didn't have much hands-on experience in
government contracting when the Bush Administration tapped him
in 2003 to be its chief procurement officer.
A law-school internship helping the Pentagon buy helicopters was
about the extent of it. Yet as administrator of the Office of
Federal Procurement Policy, Safavian, 38, was placed in charge
of the $300 billion the government spends each year on
everything from paper clips to nuclear submarines, as well as
the $62 billion already earmarked for Hurricane Katrina recovery
efforts.
It was his job to ensure that the government got the most for
its money and that competition for federal contracts -- among
companies as well as between government workers and private
contractors--was fair. It was his job until he resigned on
September 16 and was subsequently arrested and charged with
lying and obstructing a criminal investigation into Republican
lobbyist Jack Abramoff's dealings with the Federal Government.
Safavian spent the bulk of his pregovernment career as a
lobbyist, and his nomination to a top oversight position stunned
the tightly knit federal procurement community.
A dozen procurement experts interviewed by TIME said he was the
most unqualified person to hold the job since its creation in
1974. Most of those who held the post before Safavian were
well-versed in the arcane world of federal contracts.
"Safavian is a good example of a person who had great party
credentials but no substantive credentials," says Danielle
Brian, executive director of the Project on Government
Oversight, a nonprofit Washington watchdog group. "It's one of
the most powerful positions in terms of impacting what the
government does, and the kind of job -- like FEMA director --
that needs to be filled by a professional."
No questions about his qualifications
Nevertheless, Safavian's April 2004 confirmation hearing before
the Senate Governmental Affairs Committee (attended by only five
of the panel's 17 members) lasted just 67 minutes, and not a
single question was asked about his qualifications.
The committee did hold up Safavian's confirmation for a year, in
part because of concerns about work his lobbying firm,
Janus-Merritt Strategies, had done that he was required to
divulge to the panel but failed to.
The firm's filings showed that it represented two men suspected
of links to terrorism (Safavian said one of the men was
"erroneously listed," and the other's omission was an
"inadvertent error") as well as two suspect African regimes.
Ultimately, the committee and the full Senate unanimously
approved Safavian for the post.
His political clout, federal procurement experts say privately,
came from his late-1990s lobbying partnership with Grover
Norquist, now head of Americans for Tax Reform and a close ally
of the Bush Administration.
Norquist is an antitax advocate who once famously declared that
his goal was to shrink the Federal Government so he could "drag
it into the bathroom and drown it in the bathtub."
As the U.S. procurement czar, Safavian was pushing in that
direction by seeking to shift government work to private
contractors, contending it was cheaper. Federal procurement
insiders say his relationship with Norquist gave Safavian the
edge in snaring the procurement post.
But Norquist has "no memory" of urging the Administration to put
Safavian in the post, says an associate speaking on Norquist's
behalf. A White House official said Norquist "didn't influence
the decision."
'By the most qualified person'
Clay Johnson, who was designated by the White House to answer
all of TIME's questions about administration staffing issues and
who oversaw the procurement post, says Safavian was "by far the
most qualified person" for the job. Perhaps it also didn't hurt
that Safavian's wife Jennifer works as a lawyer for the House
Government Reform Committee, which oversees federal contracting.
In addition, Safavian had worked at a law firm in the mid-'90s
with Jack Abramoff, one of the capital's highest-paid lobbyists,
a top G.O.P. fund raiser and a close friend of House majority
leader Tom DeLay.
Abramoff was indicted last month on unrelated fraud and
conspiracy charges. In 2002, Abramoff invited Safavian on a
weeklong golf outing to Scotland's famed St. Andrews course (as
Abramoff had done with DeLay in 2000).
Seven months after the trip, an anonymous call to a government
hotline said lobbyists had picked up the tab for the jaunt. That
wasn't true; Safavian paid $3,100 for the trip. But the gove