IN THE INTEREST of full disclosure, I must confess that I once met Ken
Lay, but all he gave me was a big headache.
At the height of the energy crisis, he addressed The Chronicle editorial
board where he explained, with a smug smile, why California deserved its
precipitous decline.
Much of what he said about the sale of energy went over my head. Now I know
why. I only launder clothes, not money. So I quietly passed the time
fantasizing about what kind of comeuppance he deserved.
That said, I'd like to point out that the ultimate scandal is that no one
will ever fully grasp the extent of Enron's corrupting influence over
government officials and policies.
First, employees at Arthur Andersen destroyed crucial accounting records.
Then, although congressional investigations had begun, Enron employees
shredded even more documents.
The Bush administration, moreover, clearly intends to distance itself from
the Enron scandal. Vice President Dick Cheney, for example, still won't reveal
who attended his secret energy policy task force meetings.
The corruption is widespread. While building its financial empire, Enron
showered campaign contributions on hundreds of elected officials, Democrat and
Republican alike. Critics who now regard our government as a wholly owned
subsidiary of Enron aren't completely daft. Nor are they wrong to doubt
Congress' political will to do little more than grandstand and march Enron and
Andersen executives in and out of committee hearings.
So is the Rise and Fall of the Enron Empire likely to remain a secret?
Quite probably. In the name of national security, the Bush administration has
stripped us of our right to scrutinize the public records that could unravel
this sordid story.
First, the administration scuttled the Freedom of Information Act. On Oct.
12, Attorney General John Ashcroft issued a memo to all federal agencies
urging them to resist new FOIA requests. When investigative journalists and
watchdog groups request public records that might implicate government
officials, they may discover that their applications are indefinitely
stonewalled.
Then the administration tried to overturn the Presidential Records Act,
which allows public access to all presidential papers. On Nov. 1, 2001,
President Bush issued an executive order that gave himself the power to seal
all presidential records since 1980. Although historians and journalists are
fighting Bush's order in federal court, it may take years before the judiciary
strikes down this executive violation of congressional legislation.
Ever since the Watergate scandal, the Freedom of Information and
Presidential Records acts have allowed us to hold our government accountable.
Even though classified documents are never released to the public, the Bush
administration is now using the war on terrorism as a pretext for preventing
disclosure of all public records.
Fast forward to the year 2025, when historians and journalists will still
be struggling to document and analyze the Enron scandal. Even now, we know
that they will have to rely on whatever documents have survived shredding or
will have escaped the clutches of the Bush administration.
Enron's secrets are safe. Future researchers will never gain access to the
whole truth. And neither will we.
Ruth Rosen is a Chronicle editorial writer.
©2002 San Francisco Chronicle
###