In response to today’s New York Times story that revealed Acting Interior Secretary David Bernhardt violated his ethics pledge by taking specific actions to benefit a former client, the Center for Western Priorities issued the following statement from Executive Director Jennifer Rokala:
“Today’s story raises more questions than it answers. Bernhardt lobbied and litigated to weaken specific wildlife protections on behalf of Westlands Water District, then ordered Interior staff to do exactly that a mere four months into his time at Interior—a clear conflict of interest.
“The idea that someone as meticulous as David Bernhardt only got verbal approval to skirt his ethical conflicts doesn’t pass the smell test. Why would he carry a list of conflicts in his jacket pocket if he’s just going to ignore them? Clearly Bernhardt’s ethics pledges aren’t worth the paper they’re printed on.
“Before David Bernhardt goes before the Senate for a confirmation hearing, Senators must demand answers to several specific questions:
1) When discussing the Delta Smelt and California water with ethics officials, did you disclose you had previously lobbied and litigated on behalf of Westlands Water District for the policy actions you were ordering Interior officials to take?
2) How many times have you explored whether you need a verbal or written waivers from your ethics recusals?
3) Who issued those waivers, and how did they reach their decisions?
4) Will you commit to recuse yourself from any future decisions that benefit your former clients for the duration of your tenure at Interior, and notify the Senate in writing if you receive waivers from those recusals?”
Last week, the House Natural Resources Committee requested Bernhardt provide documents relating to his calendar and schedule which have not been made public, pointing out that the public calendars Interior have been released appear to withhold information about who Bernhardt met with as Deputy Secretary. In light of today’s story, the Senate should also refuse to hold a confirmation hearing until Bernhardt produces all of the documents requested by the House committee.
During Bernhardt’s Deputy Secretary nomination hearing in 2017, Senator Maria Cantwell asked specifically if he would make his ethics waivers public. Bernhardt refused.
Cantwell: “You reserve the right, in your ethics agreement, to seek a waiver from your recusals in accordance with 5 C.F.R. ¬ß 2635.502(d). Under what circumstances would you seek such a waiver? Would you commit to making any such waiver request public?”
Bernhardt: “I do not know under what circumstances I might seek a waiver because I do not anticipate doing so. However, should I seek a waiver from the Designated Agency Ethics Official, I will discuss whether such a request should be made public.”