The inescapable need for congressional hearings

I’ve been thinking lately about a terrific column Jonathan Alter wrote a few months ago about Watergate — and what the scandal would have looked like if it had happened now. Alter’s conclusion, which is hard to argue with, is that Nixon would have survived. Why? In large part because of Congress.

[B]ecause both houses of Congress are controlled by the GOP, there were no “Watergate” hearings to keep the probe going. John Dean and other disgruntled former aides had no place to go.

That’s undeniably true. Nixon’s White House wasn’t brought down because of a Justice Department investigation; it crumbled when lawmakers — including Republicans who cared about the rule of law — began asking questions about the controversy and putting White House staffers under oath until they got answers.

With regards to the Plame scandal, there are a lot of angles for Dems to pursue the controversy, but the demands for congressional hearings needs to be at the top.

When Clinton was president, congressional Republicans held thorough, high-profile hearings with remarkable consistency. As Henry Waxman explained, “There was no accusation too minor to explore, no demand on the administration too intrusive to make.”

Republicans investigated whether the Clinton administration sold burial plots in Arlington National Cemetery for campaign contributions. They examined whether the White House doctored videotapes of coffees attended by President Clinton. They spent two years investigating who hired Craig Livingstone, the former director of the White House security office. And they looked at whether President Clinton designated coal-rich land in Utah as a national monument because political donors with Indonesian coal interests might benefit from reductions in U.S. coal production.

Committees requested and received communications between Clinton and his close advisers, notes of conversations between Clinton and a foreign head of state, internal e-mails from the office of the vice president, and more than 100 sets of FBI interview summaries. Dozens of top Clinton officials, including several White House chiefs of staff and White House counsels, testified before Congress. The Clinton administration provided to Congress more than a million pages of documents in response to investigative inquiries.

If Drudge ran an item in the morning about something that might be controversial about the Clinton White House, Republicans had scheduled hearings by the afternoon.

In July, in reference to the Plame scandal, a Republican source told Tim Russert, “If this was a Democratic White House, we’d have congressional hearings in a second.” And that’s the problem.

Patrick Fitzgerald has conducted a thorough probe, but he has a narrow mandate. He won’t share acquired information that stands outside the “four corners” of his issued indictment. That leaves the nation with only a small part of a much larger story.

We know that Scooter Libby and Karl Rove leaked classified information to reporters, but to fully understand what happened, it’s up to Congress to subpoena documents and compel testimony in order to get to the truth. Republican lawmakers, however, don’t want to ask questions, and they sure as hell don’t want answers.

Oddly enough, way back in July 2003, when this story first broke, Newsday ran a story about reactions to the controversy. The article said “members of both parties indicated a congressional investigation is likely.”

Even at the time this was a no-brainer. It’s a White House scandal in which national security was compromised and laws may have been broken. Of course there’d be hearings. Lawmakers couldn’t completely blow off their oversight responsibilities; given the nature of the controversy, they’d be a laughingstock if they pretended not to care.

Except that’s exactly what happened. Republicans began to realize that this is a story that could literally put Bush’s presidency in jeopardy. GOP lawmakers could to their duty or they could look out for Bush’s political interests. They chose the latter.

In 2003, it was offensive. But in 2005, it’s ridiculous.

Two years ago, then-House Intelligence Committee Chairman Peter Porter Goss said, “If somebody sends me a blue dress and some DNA, I will have an investigation.” On its face, this was absurd. Goss, now the CIA director, was insisting that evidence was necessary before Congress would begin an investigation. Goss had everything backwards — evidence is supposed to be a product of an investigation, not a prerequisite.

But even if we accept Goss’ low standard, given what we now know, there’s ample evidence of actual wrongdoing, and in some cases, literal felonies. Hearings are not only justified, they should be mandatory.

What will it take for Congress to do its duty? What is the explanation from congressional Republicans for their negligence?

I completely agree with you on this. From the day of the Libby indictment I have been screaming to anyone who will listen that this is a small window of opportunity to pressure Congress (especially the Republicans) to cover their own asses by demanding hearings and distancing themselves from the stink of the administration. If we are hoping that the legal case is going to take the lid off this thing, we are going to be disappointed. There is no way that Libby is going to let this be about the big picture and risk exposing Cheney – it will be narrowly focused and tightly controlled. The indictment got the questions out in the public but the court case will not answer them – only hearings will.

  • Agreed. Maybe Republicans will see Bush’s poll numbers and decide it’s time to exert some “independence.” Hearings about the biggest White House scandal in years would do the trick.

  • “What is the explanation from congressional Republicans for their negligence?”

    REPUBCO UBER ALLES!

  • A dedicated grass roots organization of Dems and Repubs (maybe headed by Warren Rudman and Jimmy Carter) should be formed to demand a Congressional investigation. A petition should be drafted calling for the investigation and any lawmaker who doesn’t sign should suffer a barrage of stinging media coverage for it. There have to be consequences to make these bastards do the right thing. This a question of national security that they shouldn’t be able to duck–all these assholes with flag lapel pins.

  • People talk about 2nd term scandals, but in most cases that I can recall Congress was in the control of the ‘loyal opposition’ and this is who initiated the investigations. With Bush, the investigations are being initiated by prosecutors. This is significantly different than in the past and reflects the more serious nature of the present scandals.

  • Two years ago, then-House Intelligence Committee Chairman Peter Goss said, “If somebody sends me a blue dress and some DNA, I will have an investigation.” On its face, this was absurd. Goss, now the CIA director, was insisting that evidence was necessary before Congress would begin an investigation. Goss had everything backwards — evidence is supposed to be a product of an investigation, not a prerequisite.

    CB,

    It’s Porter Goss, not Peter. Other than that, excellent piece.

  • To Jonathan Alter…

    Well, *duh.*

    The Republicans in Congress care more about sustaining their political dominance than national security, let alone checks and balances, oversight responsibilities and all those other “quaint” notions that predate their consolidation of power.

    This is why losing the Senate, and particularly the death of Paul Wellstone, is the great political tragedy of our times. When we lost control of any institutional power source, we pretty much lost control of the agenda. This in turn led to Bush’s re-election–and all the horrible things we’re enduring now, with worse perhaps to come.

    The gap in decency and patriotism between Howard Baker and Rick Santorum explains a lot of this–past generations of Republican leadership might well have behaved more admirably. But these guys care about one thing only: staying on top. Otherwise they’re not much more than highfalutin’ nihilists.

    That said, if Bush falls far enough, they might yet do the right thing out of self-interest and political expediency. So… let’s keep piling on.

  • Correct me if I’m wrong, but if there were congressional hearings, wouldn’t defendents and witnesses be off the hook in any later court procedings? Something about being granted immunity? Didn’t Fitzgerald ask congress not to have hearings so they wouldn’t taint his own investigation?

  • This post is so right-on.

    I wrote about this awhile back:

    http://greyhairsblog.blogspot.com/2005/10/guts.html

    During Watergate, there were some Republicans who were real patriots. Not many, but a few. And as the polls tanked for Nixon, it got more and more important for Republicans to distance themselves from him.

    I predict that if the polls continue as they are….or get worse

    🙂 🙂

    There will be some Republican leaders supporting investigations of the White House. For the first time in over five years, I actually feel some optimism about this.

    BTW, the key is this. In our society, it’s getting to be really really fashionable to hate Bush. We’re a really faddy group, so this is very very important.

    Wouldn’t it be a great irony if all the malfeasance was Cheney, because (like we all thought) Bush really really is an empty suit, and thus knows nothing?!

  • I wonder if the latest Zogby poll showing 53% of America — all types and sizes and parties — calling for impeachment now will make a difference in Congress. Certainly should. Note that even” 46% of Born Again Christians” favor impeachment. And generally younger voters also do by a huge margin — 70% — which means upcoming elections are going to turn away from Republicans unless they reject their current party leaders.

  • The obvious problem with the idea that Republicans trying to
    distance themselves from Bush will start investigating his
    administration is that most of them are compromised. In the
    house most of the Republicans were on Tom DeLay’s payroll.
    In the Senate the Republicans have shamelessly supported
    what ever Bush proposed. Not only are the Republicans
    compromised, but the bringing down Bush means bringing
    down the Republican machine, which people like Grover
    Norquist told them would continue for decades.

    The only hope for actually getting an investigation of the Bush
    Administration is for the Democrats to take control of the
    House our the Senate in 2006. Even then, it’s a shaky hope,
    since it is a hope that relies on Democratic spine and
    discipline. There are many Democrats that don’t want to shake
    up the status quo. Sometimes I think that they are satisified
    being the minority party, entirely locked out of power by the
    Republican machine.

  • Nicely written CB…

    One more thing….

    I stated the other day that Hillary Clinton was a terrible choice for the democrats.

    I noted that she didn’t have a chance in hell of uniting the country (or even the democratic party).

    This post of yours makes my case:

    If Hillary is elected, immediately the same shit that came down on Bill… will come down on her (times ten).

    That’s why I say: Clark/Obama.

    Let the repugs choke on that…
    And they will (choke to death on that ticket).

  • You misread Goss’s comment. He wasn’t saying he wanted evidence first before startin g an investigation. He was saying that if someone was SPEWING SEMEN all over someone else, *that* was worthy of a congressional investigation.

    But outing a CIA agent, conspiracy to commit treason, lying to the Congress and the American people in order to start a war– those are not worth bothering with.

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