An Update Ahead of Labor Day

Sep 4, 2020

Dear Friend, 


Ahead of Labor Day Weekend, I want to thank every union member, essential worker, and employee who deserves a union for their work keeping our country going during this unprecedented time. Unions and laborers built this country and every employee deserves representation to ensure safe and fair workplaces.


This week I issued subpoenas to Postmaster General DeJoy and to AbbVie Inc – the first as part of the Oversight Committee’s investigation into changes at USPS and the latter as part of the Committee’s eighteen month investigation into prescription drug costs. I also released a new internal Census Bureau document warning that census operations and data are at great risk if the count is rushed and statutory deadlines are not moved back. On Wednesday, I joined with community leaders to encourage every single New Yorker to get counted in the 2020 Census. More on all of this below.


USPS Subpoena and Document Request

On Monday, I notified all Oversight Committee Members of my intent to issue a subpoena to Postmaster General Louis DeJoy for documents he has been withholding from Congress.


This subpoena includes many requests previously made by Members of the House and Senate in writing and directly to Mr. DeJoy during his in-person testimony and clarifies a number of previous requests based on information the Committee has received to ensure that it captures all documents we need to review. The subpoena also makes clear that the production of these documents is legally mandatory.


I also sent a document request to Robert M. Duncan, the Chairman of the Postal Service Board of Governors, who testified before the Committee last week with DeJoy. You can read more about the subpoena and document request here.


Ruling in House Judiciary Committee v. McGahn

Monday’s decision in the McGahn case is clearly in error. House Committee Chairs from both parties have previously and successfully relied on the courts to enforce subpoenas – to hold otherwise would undermine a critical constitutional check on the executive branch. Just as the last decision of the panel was appealed and reversed, we expect to appeal this decision without delay to the full D.C. Circuit.


Read more from me, House Judiciary Committee Chairman Jerrold Nadler (D-NY), Permanent Select Committee on Intelligence Chairman Adam Schiff (D-CA), Foreign Affairs Committee Chairman Eliot L. Engel (D-NY), Ways and Means Committee Chairman Richard E. Neal (D-MA), and Financial Services Committee Chairwoman Maxine Waters (D-CA) here.


Subpoena for AbbVie Inc.

On Tuesday, I notified all Oversight Committee Members of my intent to issue a subpoena to AbbVie Inc. for documents as part of the Committee’s ongoing investigation of drug company pricing practices, which was initiated by former Chairman Elijah E. Cummings. 


AbbVie sells Humira, the best-selling drug in the world with net revenues of more than $19.2 billion in 2019, to treat rheumatoid arthritis and other inflammatory diseases.  The company also sells Imbruvica, which treats mantle cell lymphoma and generated net revenues of more than $4.6 billion last year.


After more than 18 months, AbbVie has demonstrated its unwillingness to comply voluntarily with the Committee’s investigation. The volume and quality of AbbVie’s responses are inconsistent with the expected recordkeeping and decision-making processes of a large multi-national corporation regarding two of its most profitable drugs. In addition, the volume and quality of AbbVie’s responses are particularly poor in comparison to the documents produced by other companies that are the subject of the Committee’s investigation—particularly given that the Committee is examining two of AbbVie’s most profitable products.


Read more about the subpoena here.


Investigation into the Firing of State Dept. IG Linick

On Tuesday, Representative Eliot L. Engel, Chairman of the House Committee on Foreign Affairs; Senator Bob Menendez, Ranking Member of the Senate Committee on Foreign Relations; and I released the transcript of the voluntary interview of former State Department official Charles Faulkner. This interview was conducted as part of our Committees’ joint investigation into the May 2020 firing of State Department Inspector General Steve Linick. 


Mr. Faulkner’s testimony shows that before Secretary Pompeo had Inspector General Linick fired, the Office of the Inspector General (OIG) was looking at the connection between Congress’s concerns about civilian casualties in Yemen and the administration’s use of the emergency authority to ignore those concerns and get around congressional objections. Mr. Faulkner’s testimony also raises new questions for other witnesses in this matter—particularly Mr. Marik String, the State Department official who first mentioned to Mr. Faulkner the idea of using the emergency authority, who was promoted to acting State Department Legal Adviser the day of the emergency declaration, and who tried to convince Mr. Linick to drop his probe into the matter.


We are grateful to Mr. Faulkner and the other witnesses who have come forward, and we encourage others to do so.


You can read the full transcript here.


Census Oversight

On Wednesday, I released a new internal Census Bureau document that warns of the risk of “serious errors” in the data if the Census Bureau is forced to complete its count under the current statutory deadlines.


This internal Census Bureau analysis from August warns that forcing the Census Bureau to complete the 2020 Census without extending the statutory deadlines could significantly degrade its accuracy and completeness. The Senate must pass legislation to extend these statutory deadlines, as the House has already done.


You can read more about the internal document here.


Get Out the Count, NYC!

Watch Rep. Maloney's remarks from Wednesday's event here.

On Wednesday, I joined with Manhattan Borough President Gale Brewer, State Senator Brian Kavanagh, Assemblywoman Deborah J. Glick, Councilwoman Carlina Rivera, the Honorable John Blasco, Marielle Villar Martiney from the Good Old Lower East Side organization, Coalition for a District Alternative, and The Loisaida Center to once again remind all New Yorkers about the importance of filling out their 2020 Census today. You can fill out your census via mail, by phone, or online. If you haven’t already, please do so ASAP! 


Just a 1% undercount of New Yorkers means that we could lose more than $70 million dollars for our city’s public schools over the next decade. 


Possible Hatch Act Violations at the 2020 GOP Convention

On Thursday, I joined with Rep. Stephen F. Lynch, Chairman of the Subcommittee on National Security; Rep. Gerald E. Connolly, Chairman of the Subcommittee on Government Operations; and Committee Member Congresswoman Stacey Plaskett in requesting that the independent Office of Special Counsel (OSC) investigate reports of multiple, repeated violations of the Hatch Act by the Trump Administration during the Republican National Convention last week.


In our request to the OSC, we write, “[t]hroughout the Convention, Administration officials repeatedly used their official positions and the White House itself to bolster President Trump’s reelection campaign […]We are alarmed that President Trump and some senior Administration officials are actively undermining compliance with—and respect for—the law.”


You can read our full request here.


Seeking Information About Incident of Two Black Mothers Detained at the National Mall

Today, I sent a request to Acting Secretary Chad Wolf, Department of Homeland Security, and Director James Murray, U.S. Secret Service, to provide the Oversight Committee with information about the concerning detention of India Johnson and Yasmeen Winston on the National Mall on July 30, 2020.


According to public reports, a Uniformed Division cruiser deliberately hit the parked car that Ms. Johnson, Ms. Winston, and their infants were sitting in on Constitution Avenue as the women were getting ready to take their children to the National Mall fountains. The women were then detained, separated from their children, and handcuffed for 45 minutes. You can read the full letter from Rep. Jamie Raskin, Chairman of the Subcommittee on Civil Rights and Civil Liberties; Washington, DC Congresswoman Eleanor Holmes Norton; and me here.


As always, your concerns still and always remain my top priority. Please do not hesitate to email me through my website.


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Carolyn B. Maloney

Member of Congress