The passing of the new energy bill brings to mind the battle over the Cheney Energy Task Force materials. Cheney refused to share, even when the General Accounting Office requested limited materials in its investigations, and possible (ha) outside influence on federal energy policy was given a free pass. Another recess appointment, this time for Douglas "bad pre-war intel" Feith's replacement pointed to way to this tidbit:
Levin launched his inquiry in June 2003, after Armed Services Committee Republicans declined to participate. Last October, he issued a 46-page report that faulted Feith for misrepresenting to Congress the view of U.S. intelligence agencies about the relationship between Iraq and al Qaeda. Levin complained at the time about the difficulty he and his staff had obtaining documents for the inquiry, saying in an Oct. 6 letter to Rumsfeld that the Pentagon's "delays and refusals are intolerable and unacceptable."
Since then, Levin has received additional documents, a number of which needed CIA clearance. But according to Levin's staff, the Pentagon continues to withhold two sets of documents: one referred to as "advisory and deliberative materials and internal legal analyses"; the other said to be for use in possible prosecution of foreign nationals.
It turns out the major reason why the appointment was held up was that Levin put a hold on it to try to force the administration to provide the documents. This also apparently was the reason for the recess appointment of Peter Flory as assistant secretary of defense for international security policy. Not supplying proper documentation influenced the delay of the Bolton nomination while now (see, e.g., the Daily Kos) the administration is holding up release of information on John Roberts.
When those who complain about the use of holds and such to interfere with presidential power, the answer often is that the legislature has powers too. This includes individual members or their parties overall who attempt to force the President to supply necessary information. And, the importance of this sword over the executive's head is why both parties recognize the power Sen. Levin practiced. A power that can be abused, but this is why a supermajority can get around it. In this case, the justification for such an override is dubious.