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Congressman Wants Federal Marshals to Hunt Down Flint's Former Emergency Manager

The US House Oversight and Government Reform Committee held a hearing examining the Flint water crisis and Chairman Jason Chaffetz issued two new subpoenas for state and federal officials to testify at future meetings.
Photo by Molly Riley/AP

Two bus loads of Flint residents traveled to Washington DC to attend a congressional hearing on Wednesday examining the ongoing water crisis in the Michigan city. While residents sat in the audience, the US House Oversight and Government Reform Committee chairman focused on the key officials not in attendance — announcing new subpoenas and threatening to have US marshals hunt them down.

Committee chairman and Representative Jason Chaffetz, a Utah Republican, wasted no time in announcing two new subpoenas issued to the Environmental Protection Agency's (EPA) former regional director Susan Hedman and Flint's former, state-appointed emergency manager Darnell Earley. Both Hedman and Earley declined invitations to appear at Wednesday's hearing. Earley also did not comply with a subpoena issued on Tuesday night to attend the hearing.

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Chaffetz said Earley's testimony is vital to understanding the series of decisions that resulted in the city no longer drawing water from Detroit's water system, but instead use Flint River water, which caused lead to leach from the city's aging pipes, while it waited to join a regional water district.

"We're calling on the US Marshals to hunt him down and give him that subpoena," Chaffetz said while announcing the new subpoenas.

Related: Congress Will Look at Flint's Water Crisis — But They Won't Hear From Several Key Figures

Hedman officially resigned from her EPA post on February 1 after she and her office came under fire for the agency's slow response to concerns about Flint's water quality.

A draft report from regional drinking water specialist Miguel Del Toral leaked to the media in July revealed high lead levels in the home of Flint resident Lee Anne Walters, who also testified in today's hearing. Walters alleges that both state and city officials dismissed her concerns about water quality.

Flint residents had been complaining for more than a year about the city's water quality, with issues ranging from the color and odor of the water to rashes and hair loss they said appeared after consuming it. City and state officials had maintained the water was safe, making Del Toral's preliminary report the first instance of a public official addressing public water quality concerns.

At the time, Hedman apologized to Flint Mayor Dayne Walling for the leak and said "it would be premature to draw any conclusions based on that draft."

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Del Toral also declined to attend the committee hearing, but Chaffetz said he excepted the decision because Del Toral is currently carrying out work on the ground in Flint. The federal agency is expected to provide the committee with Del Toral's emails at the end of the week.

In September, Virginia Tech University released results from independent water testing that indicated there was a lead problem in Flint's water. The analysis found lead concentrations of 25 parts per billion in 10 percent of Flint homes. The EPA requires corrective action if levels exceed 15 parts per billion. MDEQ's spokesman Brad Wurfel dismissed the results at the time, saying "dire public health advice based on some quick testing could be seen as fanning political flames irresponsibly." Governor Snyder ultimately acknowledged there was lead in Flint's water after a study conducted by Michigan's Hurley Medical Center found elevated lead levels in the blood of the city's children.

Related: Flint Residents Take Clean Water Fight to Federal Court

Before opening the floor to testimony at Wednesday's hearing, Chaffetz questioned what he and his wife would do if their children were exposed to the same lead levels as the residents of Flint.

"I'm disappointed in the response at the local level, the state level, and the federal level. This is a failing at every level," Chaffetz said. "The public has a right to be outraged. Outrage doesn't even begin to cover it. I don't know how we fix this, but it has to be fixed."

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In addition to the requested appearance of Hedman and Earley, ranking committee member Elijah Cummings addressed concerns regarding the committee's decision not to invite Michigan Governor Rick Snyder.

"We are missing the most critical witness of all," Cummings said, "the governor of the state of Michigan."

The Maryland congressman said the governor's presence was important because he selected the emergency managers who ran the Flint, and was also responsible for Michigan's Department of Environmental Quality (MDEQ). In December, a state task force blamed the MDEQ for the water problems. According to Cummings, Chaffetz did not invite Snyder.

"Governor Snyder should have to answer for his decisions," Cummings said.

The subpoenas for Hedman and Earley are for a hearing the committee said will take place later this month.

Follow Kayla Ruble on Twitter: @RubleKB