Mr. Strickland served as the 14th Administrator of the National Highway Traffic Safety Administration (NHTSA) from 2010 – 2014. He’s busy reading up on Part 9.© 2015 Safety Research & Strategies, Inc. All Rights Reserved. When David Strickland went directly from representing industry’s interests as the Administrator of the National Highway Traffic Safety Administration to representing industry’s interests as a member of the Washington D.C. lobbying firm Venable, LLC, he was part of a proud agency tradition of lending the dignity of their public offices to private commercial interests.The list of former NHTSA officials advising manufacturers or testifying on their behalf is long.
But they are concerned that if they ask for these other reports, they will have many reports that just cannot be explained, and since they do not think that they can explain them, they don’t really want them.
Strickland does not propose to rely on his general expertise or knowledge acquired during his employment with the Agency. (But not without delivering an expert report, at no doubt, premium prices.) Does that make sense? As Part 9 says: the rules intend to “minimize the possibility of involving the Department in controversial issues not related to its mission; maintain the impartiality of the Department among private litigants; avoid spending the time and money of the United States for private purposes; and to protect confidential, sensitive information and the deliberative processes of the Department.The Kaplan memo was written in the wake of a lawsuit brought by former Administrator Joan Claybrook and public interest lawyers Ben Kelley, who worked for NHTSA in its earliest days, and David Biss, a former NHTSA scientist who managed research programs to support rulemaking. Likewise, it is impossible to maintain the appearance of impartiality of the Agency among private litigants - one of the three objectives specifically identified by the Kaplan Memo as relevant here - when one of those litigants has the former NHTSA Administrator testifying on its behalf. Toyota is not the only automaker with a keyless ignition design that allows rollaways and does little to mitigate the carbon monoxide hazard.
It has been used as a codicil to the regulation ever since. Immediately prior to returning to service in the Senate, David was a partner at the national law firm Venable LLP and Counsel to the Self-Driving Coalition for Safer Streets.
We’re sorry, Toyota, we know that you’ve spread around an awful lot of cash to make important people pretend that there is nothing wrong with your cars. No. Immediately prior to returning to service in the Senate, David was a partner at the national law firm Venable LLP and Counsel to the Self-Driving Coalition for Safer Streets. (Even, presumably, Ms. Steed, who made a living post-NHTSA supporting industry.) As Biss recalls, the amendments were at the behest of then-Administrator Diane Steed, who wanted to shut down any former NHTSA employees challenging automakers’ preferred prima facie argument that if NHTSA approved something, or closed an investigation with no defect finding, or if a vehicle met the federal safety standard, a vehicle was therefore safe. The plaintiffs sought a declaratory judgment against the sweeping and Draconian amendments, but the case was settled and the plaintiff accepted the Kaplan memo as a clarification.
But opining on matters directly related to your actions while on the job with the agency is a big no-no, unless you can clear a very high bar.The reasons for this caution are obvious to most. Instead of seeking authorization, Strickland called to seek assurances from John Donaldson, the agency’s Assistant Chief Counsel for Legislation and General Law, and it was all good until about a month before the trial, when the plaintiffs in Sachs objected to Strickland as an expert witness.Goodman’s decision shut that one right down: Donaldson does not handle Part 9, the Assistant Chief Counsel for Litigation and Enforcement does; a phone call doesn’t cut it, and by the way, Donaldson doesn’t remember talking to you.Toyota needed a hurry-up, quick-quick decision, and Goodman gave them one that said: No.
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