Equal Access to Justice for a Few

Floor Speech

Mr. BARRASSO. Mr. President, I rise today to ask unanimous consent to have printed in the Record an article written by Ken Hamilton, Executive Vice President of the Wyoming Farm Bureau that was Published in the April 2013 edition of Wyoming Agriculture. The article's title is "Equal Access to Justice for a few.''

Mr. President, while we continue to fight for increased transparency with regards to the Equal Access to Justice Act, one thing is already clear--the Federal Government is picking winners and losers. Mr. Hamilton calls this a "cozy appearance between the groups who sue the Federal Government and the desire by the government to help pay their way.'' He points out in one recent case of several environmental groups suing the Fish and Wildlife Service over wolf delisting efforts where the Federal Government quickly approved their November 2012 claim for $380,000 in attorney fees. That is $380,000 dollars of hard-earned American taxpayer dollars this administration's Justice Department was more than happy to hand over to their political allies.

Ken continues to illustrate the apparent political fingerprints and favoritism in the Justice Department by stating, "Meanwhile back at the ranch, the Wyoming Wolf Coalition through its attorney Harriet Hageman, has asked the Federal Government for their fees under EAJA. These fees, one-tenth of the environmental claim, have been argued over by the same Federal Government since April of 2011.'' Let me repeat that. Since 2011, the Justice Department has been actively arguing over an EAJA claim of approximately $36,000 to a group that supported wolf delisting when the same Justice Department agreed to send $380,000 to environmental groups opposed to the delisting of wolves.

Based on these facts I would have to agree with Ken's conclusion that, "the Equal Access to Justice Act is being applied less than equally by the Federal Government. It appears that if they agree with you they will send you a check, but if they do not they will send you an attorney's response denying you your money.''

This administration should not be in the business of playing favorites by rewarding their political friends with taxpayer dollars. I commend Ken for highlighting the apparent inequality and abuse of the so-called Equal Access to Justice Act. This is one of the reasons I plan to continue fighting for real transparency regarding which groups are receiving EAJA payments, why they are receiving it, and how much money--taxpayer money--is being given away. It is time the Equal Access to Justice Act truly live up to its name.

Mr. President, I yield the floor.

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