Showing posts with label Trey Gowdy. Show all posts
Showing posts with label Trey Gowdy. Show all posts

Tuesday, June 24, 2014

Videos: John Koskinen and the no good, very bad, horrible day evening

Videos:JohnKoskinenandthenogood,very

Videos: John Koskinen and the no good, very bad, horrible day evening

posted at 8:41 am on June 24, 2014 by Ed Morrissey

The House Oversight Committee hearing went long into the evening, so we didn’t get a chance to post any of the highlights of the interrogation of IRS Commissioner John Koskinen. That doesn’t mean that these exchanges are any less interesting this morning, especially this first clip. Former prosecutor Trey Gowdy takes Koskinen to task for declaring that he’s seen no evidence of criminal wrongdoing in the destruction of e-mail data when, as it turns out, Koskinen has no idea at all what statutes might be in play. And when Koskinen accuses Gowdy of indulging in conspiracy theories … it’s on (via Twitchy):

Jason Chaffetz used a little less heat, but still effectively demolished the claim that the IRS tried “desperately” to restore Lois Lerner’s data after the hard drive crash. But more importantly, Chaffetz points out that the IRS never disclosed that Lerner’s data was lost, not to the Inspector General and not to Congress, during the investigation, even though the IRS knew full well that the data was lost. Koskinen, who was appointed to run the IRS because of the scandal, claims that he didn’t know because, well … he never bothered to ask:

This morning, Jennifer O’Connor will testify in response to a subpoena from Oversight. Now an attorney at the White House, O’Connor was at the IRS from May to November 2013 and in charge of producing the data records related to this investigation. She won’t have Koskinen’s excuse for not disclosing the destruction of data from Lerner and six other IRS officials related to the targeting scandal, so her testimony will be interesting indeed. So will the questioning.


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Tuesday, June 3, 2014

Majority in WaPo/ABC poll backs Benghazi select committee

MajorityinWaPo/ABCpollbacksBenghaziselectcommittee

Majority in WaPo/ABC poll backs Benghazi select committee

posted at 10:01 am on June 3, 2014 by Ed Morrissey

So much for “fringe” Republicans pursuing a “phony scandal.” Not only does the new House Select Committee on Benghazi get a majority of support in a new Washington Post/ABC poll (51/42), it gets support from almost a third of all Democratic respondents as well. An even larger majority of Americans believe that the White House conducted a cover-up in the aftermath of the attack that killed four Americans, including the first ambassador to be killed in the line of duty since the Carter administration:

Democrats in recent weeks weighed whether to abstain from involvement in House Republicans’ new Benghazi investigative committee, labeling it an unnecessary probe into questions that have already been answered.

The American people disagree.

A new Washington Post-ABC News poll shows a majority of Americans — 51 percent — approve of the new panel, while 42 percent disapprove. …

In fact, the number of Americans who think the Obama administration has covered things up (58 percent) is even larger than the number who want the investigation (51 percent). Americans say 58 to 32 percent that Obama has covered things up rather than being honest about what happened. That’s a bigger gap than last year, when it was 55 to 33 percent (though the shift is not statistically significant).

They don’t think too highly of Hillary Clinton, either. Her approval rating on Benghazi is 37/50, which considering the circumstances is not as bad as she might fear. That’s helped in large part by Democrats, though, of whom only 22% disapprove of her handling of Benghazi — even though she blamed the video for weeks, and was responsible for the lack of security and readiness that led to the US failures before and during the attack. Among independents, that number leaps to 58%. So far, her PR effort with Hard Choices on Benghazi seems to have only paid off among the already converted.

This cuts the ground out from under the feet of Democrats who wanted to treat this as a freak show. In the end they wised up and put people of some significance on the select committee to counter Trey Gowdy, whose expertise as a prosecutor will presumably be put to good effect. Elijah Cummings was appointed to the panel to expertly gum up the works and declare the whole effort an exercise in partisanship and redundancy, but that’s going to be a difficult argument to make with the clear mandate presented to the committee. Americans feel as though the White House has lied to them, 58% overall and a whopping 65% among independents (and even 30% of Democrats). If Democrats obstruct this panel’s work, that will only reinforce their perception of a cover-up, one extending to the whole Democratic Party and not just the White House.

The poll results aren’t terrific for Barack Obama either. His approval rating has risen incrementally, but is still 46/51. That falls to 43/53 on the economy, 41/50 on foreign policy, and 39/56 on ObamaCare implementation. The latter shows that the April victory lap was mostly a figment of the White House’s collective imagination.

The generic Congressional ballot gives Democrats a two-point edge at 47/45, but the sample itself is D+9. Among independents, it’s 42/43. The turnout model will be key in November, and it’s not likely to be D+9.


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Thursday, May 22, 2014

Thank Hillary for Dem participation on Benghazi select committee?

ThankHillaryforDemparticipationonBenghaziselect

Thank Hillary for Dem participation on Benghazi select committee?

posted at 8:41 am on May 22, 2014 by Ed Morrissey

When House Republicans insisted on forming a select committee to investigate the failures that led up to and resulted from the attack on our consulate in Benghazi, one might have expected Hillary Clinton to shrug it off. She famously shouted at Sen. Ron Johnson (R-WI) during a Senate hearing on the State Department’s actions surrounding the deaths of four Americans, “What difference at this point does it make?” It makes a big difference to Hillary now, enough so that her aides pressured Nancy Pelosi into full participation in the select committee, according to Politico:

Hillary Clinton’s world was so worried about a Republican investigation of the Benghazi attacks, they sent a message to House Democrats: We need backup.

House Minority Leader Nancy Pelosi (D-Calif.) publicly considered boycotting the panel, an idea that Clinton supporters feared would leave the potential 2016 candidate exposed to the enemy fire of House Republicans.

So Clinton emissaries launched a back channel campaign, contacting several House Democratic lawmakers and aides to say they’d prefer Democrats participate, according to sources familiar with the conversations. Pelosi’s staff said they have not heard from Clinton’s camp. …

Clinton and her allies know from experience the kind of damage an emboldened Republican House committee can inflict.

Politico’s Jake Sherman and Anna Palmer even broach the idea of a Clinton appearance at a committee hearing, although one has to assume she’d work hard to avoid that kind of trap. No matter how well Clinton does, getting hauled in front of a committee investigating a major catastrophe like Benghazi cannot help one’s political prospects; the only way to win is not to play at all. It’s going to be difficult to avoid, though, as the issue of facility security and especially the unusual waivers came directly to her desk.

Gowdy gave a strong hint that he’d call Clinton to testify:

Asked whether Clinton will [be] brought to Capitol Hill, Gowdy said, “without specific reference to any individual, if someone has knowledge surrounding a relevant fact, I would expect the committee to talk to them.”

“You’re a smart guy, do you think she has knowledge surrounding any relevant facts?” Gowdy said.

That is why Team Hillary wants Democrats on the panel — and Democrats with at least a modicum of gravitas. It does Hillary no good to have Alan Grayson tossing softballs at her, and possibly some harm if Grayson leaves his clown nose on for the exercise. She will need Democrats that carry some weight and respect to help her bolster her narratives when Republicans rip them to shreds, especially on the strategy of ignoring the danger signs that were all flashing red in Libya for months in order to maintain the pretense that State and White House policy in Libya had been a smashing success. That’s why the consulate was left all but undefended, and why the military hadn’t been properly mobilized on the anniversary of 9/11.

Hillary can’t afford to have her incompetence and venality exposed by this House select committee. And that’s the difference at this point it makes to have Democrats as backup on the panel.


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Sunday, May 18, 2014

Reminder: When Gowdy threw down gauntlet to media on Benghazi questions

Reminder:WhenGowdythrewdowngauntlettomedia

Reminder: When Gowdy threw down gauntlet to media on Benghazi questions

posted at 11:01 am on May 18, 2014 by Ed Morrissey

This video comes from a press conference given by Rep. Trey Gowdy (R-SC) earlier this week [see update - from late last year], but Real Clear Politics picked it up today, and it’s definitely worth a fresh look. As the newly-appointed chair of the select committee investigating Benghazi, Gowdy has bristled at criticisms that all of the questions have already been answered — especially when those criticisms come from national media outlets who have shown remarkably little curiosity about the collapse of American policy in Libya. In his presser, Gowdy challenged the critics to answer the questions his committee will probe — or at least to start asking them:

 ”We will not waver in our commitment to see that justice is done for this terrible act in Benghazi, and make no mistake, justice will be done.” That was the president of the United States over a year ago.

“We’re investigating exactly what happened, but my biggest priority now is bringing those folks to justice.” That was the president of the United States over a year ago. No one has been arrested. No one has been prosecuted. No one has been brought to justice. We don’t even have access to the witnesses.

You in the media were good enough for my 16 years as a prosecutor not to tell me how to do my job, and so far in Congress, y’all have been good enough not to tell me how to do my job. I’m not telling you how to do your job. But I’m going to ask you some questions, and if you can’t answer these questions, then I’ll leave you to draw whatever conclusion you want to draw about whether or not the media has provided sufficient oversight.

Can you tell me why Chris Stevens was in Benghazi the night that he was killed? Do you know? Does it bother you whether or not you know why Chris Stevens was in Benghazi? Do you know why we were the last flag flying in Benghazi after the British had left and the Red Cross had been bombed? Do you know why requests for additional security were denied? Do you know why an ambassador asking for more security days and weeks before he was murdered and those requests went unheeded? Do you know the answer to why those requests went unheeded? Do you know why no assets were deployed during the siege? And I’ve heard the explanation — which defies logic, frankly — that we couldn’t have gotten there in time, but you know, they didn’t know when it was going to end. So how can you possibly cite that as an excuse? Do you know whether the president called any of our allies and said, “Can you help? We have men under attack.” Can you answer that? Do any of you know why Susan Rice was picked? The secretary of state did not go. She says she doesn’t like Sunday talk shows. That’s the only media venue she does not like, if that’s true. Why was Susan Rice on the five Sunday talk shows? Do you know the origin of this mythology that it was spawned as a spontaneous reaction to a video? Do you know where that started? Do you know how we got from no evidence of that to that being the official position of the administration?

In conclusion, Congress is supposed to provide oversight, the voters are supposed to provide oversight, and you are supposed to provide oversight. That’s why you have special liberties, and that’s why you have special protections. I am not surprised that the president of the United States called this a phony scandal. I’m not surprised Secretary Clinton asked, “What difference does it make?” I’m not even surprised that Jay Carney said Benghazi happened a long time ago. I’m just surprised at how many people bought it.

It’s been a few days since this presser, and not only have I not seen answers to these questions, I still haven’t noticed these national media outlets bothering to ask them.

Update: This actually came from a press conference late last year, and not this week — although it got picked up again this week. My apologies to those in the comments who got this right. Newsbusters noted in on Wednesday with the proper date attribution, but everyone else seems to have mistaken it as recent, including me. It’s worth noting, though, how all of these questions still have no answers, and few in the media even bothering to ask them. Also, I’ve changed the headline to reflect the time difference.


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Thursday, May 15, 2014

Chuck Todd: Hey, all the Benghazi questions have been answered … on the talking points

ChuckTodd:Hey,alltheBenghaziquestionshave

Chuck Todd: Hey, all the Benghazi questions have been answered … on the talking points

posted at 12:01 pm on May 15, 2014 by Ed Morrissey

Via Guy Benson, who must have leapt out of his skin when he first saw this clip on Morning Joe yesterday.  Asked about allegations that the select committee on Benghazi is nothing more than a partisan witch hunt, Chuck Todd argued that it looks that way because all of the questions about Benghazi have been answered. However, listen to which questions Todd refers, and what he says afterward:

I’m going to dissent, but only in part. Here’s the case against Todd from Guy, paragraph breaks my own:

Yes, there have been a number of investigations into the deadly raid, including revelatory House hearings, a Senate report, and a State Department-mandated review. The House proceedings answered some questions, but raised others. The Senate Intelligence panel’s report concluded that the attacks were preventable, and rebuked the Obama administration for “unnecessarily hamper[ing] the committee’s review.” The State Department’s “Accountability Review Board”declined to interview key players, including Secretary Clinton. None of the Benghazi survivors have testified publicly.

Furthermore, new information and perspectives have come to light within the last few weeks. A court-ordered document release turned up a relevant, previously-withheld email that further undermines the White House’s official version of events regarding their post-attack talking points, and an Air Force General who was on duty at AFRICOM that night said the military never received a request for help from the State Department during the eight-hour ordeal. He went on to suggest that the US government should have attempted a rescue mission, which other military officers have testified wouldn’t have been logistically feasible. A majority of the House of Representatives — including a handful of Democrats — clearly believes that unanswered questions remain. A large majority of the American public is skeptical of the White House’s veracity and supports keeping the investigation open and ongoing. Two former top CIA officials have endorsed the proceedings.

Most Beltway Democrats, and apparently Chuck Todd, dissent. Todd is a journalist. It’s therefore a bit jarring to hear him declare that “all” questions pertaining to a controversial matter have been answered, thus intimating that the issue is settled — particularly after previously-unseen evidence has just recently emerged.

Be sure to read Guy’s post to see at least ten questions about Benghazi that have gone unanswered. However, the list itself tends to validate Todd’s larger point that the select committee has to focus on more than just the talking points. Only two of Guy’s questions deal with the false narrative used by the White House in the immediate aftermath of the attacks.  The rest of it has to do with the larger policy and competency issues that Todd explicitly says are legitimate areas of inquiry — and he’s right.

In fact, I made the same argument last week in my column for The Week:

The bigger question about Benghazi is not about the cover-up, but the incompetence that led to the attack on the anniversary of 9/11 and the lack of response during it. That starts with the decision to decapitate the dictatorship of Moammar Gadhafi without planning for the predictable power vacuum that resulted, in a region already known for its Islamist terror activities.

Last week, retired Air Force Gen. Robert Lovell testified before Congress that the U.S. military should have responded immediately to the attack. As the commander of intelligence services for the U.S. Africa Command at the time of the attack, Lovell testified that no one seriously thought that it was anything other than a deliberate, planned offensive on the diplomatic post left vulnerable despite ever-increasing warnings about terrorist activity in and around Benghazi, especially with al Qaeda affiliates. The testimony raises the question — again — as to why the U.S. military was not prepared to respond to a terrorist attack in the AFRICOM area of responsibility on the anniversary of 9/11, especially in an area known to have rapidly escalating enemy activity.

That question becomes more acute as the situation in Libya continues to deteriorate. Daily Beastnational security correspondent Eli Lake reports that the region has now been flooded with radical Islamist terrorists from around the world, eager to operate within the failed state of Libya that the NATO intervention created. One counterterrorism contractor calls it “Scumbag Woodstock,” while another intelligence official calls eastern Libya “a jihadist melting pot.” The situation presents a threat to the region and to the U.S. far beyond what existed three years ago, before Obama intervened on behalf of the rebels.

The select committee should focus on that larger context of Benghazi, the editorial board of The Washington Posturged this week, asking Republicans to eschew the cover-up for the “actual failings in Libya” from Obama and his administration.

“The Obama administration and its NATO allies bear responsibility for this mess because, having intervened to help rebels overthrow Gadhafi, they then swiftly exited without making a serious effort to help Libyans establish security and build a new political order,” they wrote. “Congress might usefully probe why the administration allowed a country in which it initiated military operations to slide into chaos.”

We haven’t actually heard all of the answers about what happened during the attack or in the hours afterward that produced a deceptive narrative that oh-so-coincidentally provided cover on these larger questions.  But even Todd knows that these are the larger questions, and focusing exclusively on the talking points — which Gowdy pledges not to do, by the way — ends up serving the same White House purposes.


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Monday, May 12, 2014

Democrats still delaying decision on Benghazi panel

DemocratsstilldelayingdecisiononBenghazipanel

Democrats still delaying decision on Benghazi panel

posted at 12:01 pm on May 12, 2014 by Ed Morrissey

Maybe they’re not actually delaying the decision, but suffering from smoke inhalation after putting up a screen of attacks on Republicans for consolidating the Congressional investigations into a single select committee. Despite a fairly straightforward issue of whether it’s better to boycott the unified investigation into Benghazi as simply partisan nonsense or to participate in order to shape the outcome, Democratic leadership still can’t make up their minds about it:

It remains to be seen whether the House select committee to investigate the Benghazi will turn up any new information about the 2012 attacks that left four Americans dead. But with every day that passes it looks less and less likely the panel’s conclusions will be regarded as nonpartisan as Democrats and Republicans have spent the past week engaging in a fierce battle over which party is responsible for politicizing the tragedy.

Although the House formally approved the creation of the panel in a virtual party-line vote last Thursday (7 Democrats joined the entire Republican conference in voting for it), Democrats have yet to decide whether they will participate. On Friday, House Minority Leader Nancy Pelosi, D-Calif., said her members were divided: some feared participating in a “kangaroo court,” while others think it is important to have at least one Democrat on the committee to monitor what the Republicans are doing.

Pelosi’s office is negotiating with staff to House Speaker John Boehner, R-Ohio, to determine the conditions under which Democrats will participate. They are seeking Democratic input and concurrence on issuing subpoenas, decisions to depose witnesses, the release of any reports, documents or information by the committee, which was not guaranteed in a proposal offered by Boehner’s office Friday, they said.

“We’ve participated in all the other seven investigations. If it’s a fair, open and balanced process, absolutely [we will participate],” House Democratic Caucus Chairman Xavier Becerra, D-Calif., said on “Fox News Sunday.” “But we don’t want to see reckless, irresponsible handling of an affair that took the lives of four brave Americans.”

Well, that’s one way to put it. Most Democrats, though, have scoffed at the need to investigate the attack and its root causes at all. The latest talking point, that there have been seven investigations, is designed to make it sound like another investigation will do nothing but duplicate the others. That leaves unspoken the fact that the White House has repeatedly lied about releasing all of the documentation to Congressional committees, and that they still haven’t answered basic questions about what happened, why the US wasn’t prepared for a terrorist attack on the anniversary of 9/11, and why that facility was allowed to operate with substandard security while every other Western agency left town.

Committee chair Rep. Trey Gowdy (R-SC) pledged to keep partisan considerations out of the investigation:

Republican Rep. Trey Gowdy, the newly appointed Benghazi Select Committee chairman, vowed Sunday to keep politics and political fundraising out of his group’s fact-finding mission.

“The facts are neither Republican nor Democrat,” the South Carolina lawmaker told “Fox News Sunday.” “They’re facts.”

Gowdy, a former prosecutor, also dismissed the notion that he wants Democrats to boycott joining the committee.

“How does it benefit me when from Day One they’re excluded?” he asked. “I want this to transcend politics.”

CNN offered a quick take on the politics of boycotting the committee, and the consensus is that boycotting is “not even a serious option”:

“You can’t win the game if you’re not on the field,” said one commentator, and she’s right. A boycott in this instance would be self-satisfying for all of one or two news cycles. If Democrats want to compete for media attention past that on Benghazi, they have to participate. This is so stunningly obvious that it’s unclear why Democratic leadership hasn’t figured it out yet, and perhaps indicates why a leadership change should have been made after their loss in the previous midterm election of 2010.

Update: Salena Zito takes a walk through the history of the select committee in Congress, and finds that there has never been an even split between parties:

Until Congress established standing committees — the House in 1793, the Senate in 1816 — it largely worked through special and select committees.

The first session of Congress appointed more than 200 such panels. Since then, “tons” more have been impaneled, according to one Senate historian.

In the 20th century, select committees veered toward specific matters. Not all dealt with scandals or impeachments; subjects ranged from the seemingly mundane to the highly pressing: from a 10-year examination of the “production, transportation and marketing of wool,” initiated in 1935, to investigations of unemployment in the 1960s and the impact of technology in 2000.

Each time, the party controlling the House or Senate determined a committee’s partisan makeup.

“The idea that has been floated of an equal number of Republicans and Democrats is not going to happen” in the case of Benghazi, said Smock. Only “a few entities — minor commissions, etc.,” have had equal representation over two centuries, he noted.

The Senate’s select committee on Watergate in 1973 had four Democrats and three Republicans. A year later, the standing House Judiciary Committee, which voted articles of impeachment against President Richard Nixon over the Watergate scandal, had 21 Democrats and 17 Republicans.

Committees probing the Iran-Contra affair in 1987 were equally partisan: The House panel had nine Democrats and six Republicans; the Senate’s had six Democrats and five Republicans.

 

 


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Wednesday, May 7, 2014

Gowdy: Benghazi committee wants answers on State decisions about security, mission

Gowdy:BenghazicommitteewantsanswersonStatedecisions

Gowdy: Benghazi committee wants answers on State decisions about security, mission

posted at 2:01 pm on May 7, 2014 by Ed Morrissey

Rep. Trey Gowdy (R-SC) appeared on Morning Joe today to discuss the aims and the scope of the newly minted House Select Committee on Benghazi, which he will chair. Democrats already have accused Gowdy and Republicans of using the investigation into the deaths of four Americans, including the first US ambassador killed in the line of duty in over 30 years, as a platform to attack Barack Obama and Hillary Clinton all the way through the 2016 election cycle. Gowdy told the MJ panel that the White House will end up dictating the pace of the probe:

Rep. Trey Gowdy (R-S.C.) said the special committee he’ll lead on Benghazi could continue into the 2016 campaign, when Hillary Clinton might be running for the White House.

Asked about that possibility Wednesday on MSNBC’s “Morning Joe,” Gowdy said the length of his work would depend on the administration’s level of cooperation.

“It would be shame on us if we intentionally dragged this out for political expediency,” said Gowdy, the special committee’s chairman. “On the other hand, if an administration is slow-walking document production I can’t end a trial simply because the defense won’t cooperate.”

The story could have been over already, for that matter, had the Obama administration not hidden documents from Congress until now. Based on their track record, no one knows how many other documents they may be hiding, or redacting into oblivion either. That’s why Gowdy wants to close out the other Congressional investigations and start from scratch, collect all of the evidence and re-do the depositions, in order to conduct a comprehensive investigation with plenary power. That can go short and easy, or it can go long and hard, but that choice ultimately rests with the White House.

Gowdy made it clear during the interview that the scope of this committee won’t be limited to just the post-attack politicization of the event. He wants answers on the denials for security at the facility, and the reasons why the US stayed in Benghazi while every other Western agency pulled out as terrorist escalated. In my column for The Week, I urge Republicans to take that broader focus, which is where true accountability will be found:

Last week, retired Air Force General Robert Lovell testified before Congress that the U.S. military should have responded immediately to the attack. As the commander of intelligence services for AFRICOM at the time of the attack, Lovell testified that no one seriously thought that it was anything other than a deliberate, planned offensive on the diplomatic post left vulnerable despite ever-increasing warnings about terrorist activity in and around Benghazi, especially with al Qaeda affiliates. The testimony raises the question — again — as to why the U.S. military was not prepared to respond to a terrorist attack in the AFRICOM area of responsibility on the anniversary of 9/11, especially in an area known to have rapidly escalating enemy activity.

That question becomes more acute as the situation in Libya continues to deteriorate. The Daily Beast‘s national security correspondent Eli Lake reports that the region has now been flooded with radical Islamist terrorists from around the world, eager to operate within the failed state of Libya the NATO intervention created. One counter-terrorism contractor calls it “Scumbag Woodstock,” while another intelligence official calls eastern Libya “a jihadist melting pot.” The situation presents a threat to the region and to the U.S. far beyond what existed three years ago, before Obama intervened on behalf of the rebels.

The select committee should focus on that larger context of Benghazi, the editorial board of The Washington Post urged this week, asking Republicans to eschew the cover-up for the “actual failings in Libya” from Obama and his administration.

“The Obama administration and its NATO allies bear responsibility for this mess because, having intervened to help rebels overthrow Gadhafi, they then swiftly exited without making a serious effort to help Libyans establish security and build a new political order,” they wrote. “Congress might usefully probe why the administration allowed a country in which it initiated military operations to slide into chaos.”

Indeed. While the White House continues its ridiculous spin and accusations, Gowdy and Boehner have an opportunity to present accountability on a much broader and deeper level — the very accountability the Obama administration tried to avoid with its initial talking points.


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Tuesday, May 6, 2014

Pelosi demands equal split on Benghazi select panel

PelosidemandsequalsplitonBenghaziselectpanel

Pelosi demands equal split on Benghazi select panel

posted at 12:01 pm on May 6, 2014 by Ed Morrissey

Good luck with that. House Minority Leader Nancy Pelosi faces pressure from all sides in regard to the newly-launched select committee to investigate Benghazi. Participating would legitimize the results, while boycotting it might open up Democrats to attacks on their concern for diplomatic personnel abroad, four of whom were killed in the attack on September 11, 2012, and leave administration officials no way to set the narrative through the friendly questioning of Democrats on the panel during public hearings. Pelosi hedged in the direction of participation by demanding an equal number of seats on the committee:

House Minority Leader Nancy Pelosi said the select committee probing the attack in Benghazi should be split equally between Democrats and Republicans.

“If this review is to be fair, it must be truly bipartisan,” Pelosi said in a Tuesday morning statement. “The panel should be equally divided between Democrats and Republicans as is done on the House Ethics Committee. It should require that witnesses are called and interviewed, subpoenas are issued, and information is shared on a bipartisan basis. Only then could it be fair.”

Unfortunately for Pelosi, her own track record with select committees sets the precedent in the other direction. John Boehner pointed out — and Politico’s Jake Sherman did as well — that Pelosi gave Democrats nine of the fifteen seats on the House select committee on global warming in 2007.

Newly-appointed chair Trey Gowdy poured cold water on that demand immediately (via The Right Scoop, at the 4:30 mark):

MARTHA: All right. So talk to me a little it about the makeup of this committee because Nancy Pelosi just said moments ago, to our Chad Pergram, he reported that she wants this to be an evenly divided select committee, an even number of Democrats and Republicans.

And you know that up to that statement, there have been a lot of calls for Democrats to completely boycott this committee. And there’s going to be be very little credibility if it is full of Republicans, many would say.

GOWDY: Well, I certainly hope the Democrats participate. I, Martha, continue to think that some things transcend politics like the murder of four of our fellow citizens and whether or not you trust government. That is not a red or blue issue. That is an American issue. As for whether or not they boycott, I hope they don’t.

I can tell you this. It is not going to be evenly constituted and when she was Speaker Pelosi, she certainly showed no interests in having an equal number of Republicans and Democrats.

We’re in the majority. That may or may not be the case after November but we’re in the majority right now and we’re in the majority for a reason. And I just find it interesting that people’s ability to do math changes when they go from being the Speaker to the Minority Leader.

MARTHA: So what, tell me what composition you see on this select committee? What would you like it to be?

GOWDY: Well, the Speaker is going to decide that. Something in the 10-7 range or like what we have with other committees now. Every committee of Congress is constituted with more Republicans than Democrats because there are more Republicans than Democrats. And i hasten to add, every committee in the Senate is constituted with more Democrats than Republicans. I mean there are consequences to elections.

That leaves Pelosi back at square one. Does she boycott the committee and leave administration officials in the hands of the GOP with no way to push back against their interrogations, or join up and offer cooperation in the probe? Bear in mind, a refusal to cooperate will mean that Democrats won’t be able to participate in the depositions either, which Gowdy points out will be much more effective in uncovering the truth than televised hearings. Republicans will be able to release testimony at will without any opportunity to provide the context in which it was given. If the panel digs out truly scandalous information, House Democrats will be left twisting in the wind.

I’d bet on Pelosi deciding to participate. There are too many ways to lose in the other direction, and even with their participation Democrats can still claim that the entire process is politicized anyway. Why give up the small advantages they’ll have just to sit on the sidelines?


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Kerry ducking House Oversight subpoena on Benghazi?

KerryduckingHouseOversightsubpoenaonBenghazi?

Kerry ducking House Oversight subpoena on Benghazi?

posted at 8:41 am on May 6, 2014 by Ed Morrissey

One would think that Secretary of State John Kerry would welcome an opportunity to talk about anything else other than his own failures, but apparently he’s not keen to talk about those of his predecessor, either. The State Department announced last night that Kerry will not comply with a subpoena from the House Oversight Committee, which demanded an explanation for the failure to produce documentation under a prior subpoena to State. Kerry will be on the road at the time specified, but State offered to make other arrangements (via Drudge):

The State Department said Monday that Secretary of State John Kerry would not appear before the House Oversight Committee on May 21 to talk about Benghazi — as demanded in a subpoena from the panel’s chairman, Rep. Darrell Issa, R-Calif.

Department spokeswoman Marie Harf said Kerry planned to travel to Mexico at that time and officials would discuss alternative options with the committee.

“We are committed to working with the committee to find a resolution to this that is acceptable to both sides. We were surprised when they didn’t reach out to us before issuing a subpoena for exactly that reason,” Harf said. “And as I’ve noted here, there have been a number of Republicans who themselves, under the previous administration, said a secretary of state should not be subpoenaed.”

State could end up regretting this as an opportunity passed up. Issa has every right to issue a subpoena and expect Kerry to comply, but Issa may have jumped the gun a little, too, by skipping over the niceties of at least inviting Kerry to testify first before going to the big gun of the subpoena. That’s the State gripe in this reply, and the offer to cooperate is an easy play against it. The knock on Oversight is that its focus has been both split between several investigations into the Obama administration and too overtly political for the same reason. This episode adds to the perception.

So why might State regret this response? Kerry might not be anxious to testify before Congress, but he’d do better against Issa than he will against Trey Gowdy, a former prosecutor. Gowdy will head the select committee on Benghazi, which will relieve Oversight of the probe in the near future. Democrats will still claim that the select committee is politicized and talk about “phony scandals,” but this committee will be focused on one task alone — and the panel members will become experts at it. If Democrats don’t participate, then Kerry will eventually be forced to endure nothing but direct interrogation on State’s failure to produce documentation to Congress, as will his subordinates at State. They will find that experience under Gowdy’s governance to be considerably less pleasant than even an Oversight hearing, and potentially a lot more dangerous in the legal sense.

Kerry will be small potatoes in this probe, anyway. The select committee wants to expose the cover-up, but Kerry’s role in that (if any at all) will be minor and ex post facto. This probe aims at the White House and Kerry’s predecessor, and their attempts to cleanse themselves of responsibility just weeks ahead of a national election through fraud and lies.


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Monday, May 5, 2014

Boehner names Trey Gowdy chairman of Benghazi select committee

BoehnernamesTreyGowdychairmanofBenghaziselect

Boehner names Trey Gowdy chairman of Benghazi select committee

posted at 2:41 pm on May 5, 2014 by Allahpundit

He’s got fifteen years of prosecutorial experience at both the federal and state levels. (Fun fact: I was watching an old episode of “Forensic Files” on HLN a week or two ago and who popped up onscreen but a young, dark-haired Trey Gowdy, discussing a murder case he’d won in South Carolina.) He’s also been out in front of the caucus in accusing the White House of Benghazi cover-ups: He’s the man who claimed last summer that they’d been giving CIA agents linked to the incident new identities to hide them from House investigators, and he told Greta Van Susteren just a few days ago that he has evidence that the White House is deliberately withholding documents related to the attack.

Boehner’s statement:

“With four of our countrymen killed at the hands of terrorists, the American people want answers, accountability, and justice. Trey Gowdy is as dogged, focused, and serious-minded as they come. His background as a federal prosecutor and his zeal for the truth make him the ideal person to lead this panel. I know he shares my commitment to get to the bottom of this tragedy and will not tolerate any stonewalling from the Obama administration. I plan to ensure he and his committee have the strongest authority possible to root out all the facts. This is a big job, but Rep. Gowdy has the confidence of this conference, and I know his professionalism and grit will earn him the respect of the American people.”

Smart politics twice over. Part of the reason Boehner agreed to the select committee was to unify the party ahead of the midterms; after Ben Rhodes’s e-mail became public, refusing to form a committee would have been another flashpoint between the party establishment and the grassroots to go along with amnesty and increasingly tepid opposition to ObamaCare. It stands to reason that if you’re going to do something to placate your base, you might as well choose a conservative in good standing for chairman too. If he’d appointed a centrist and the committee came up with nothing, righties would have accused him of a whitewash. They can’t do that with Gowdy in charge, and if Gowdy comes up with nothing too, then Boehner can distance himself from it by saying it was largely a tea-party production all along.

The other reason it’s smart politics is that not only is Gowdy a respected prosecutor, he’s consistently one of the most dynamic members at House hearings. (You’ve watched enough clips of him on this site to know that.) Boehner doesn’t know what he’s going to get by way of evidence but he will insist on some political payoff from this ahead of the midterms, and Gowdy’s just the guy to deliver that. You want clips of John Kerry or Hillary Clinton sweating under a tough cross-examination to dominate the day’s news cycle on cable? He’ll do that for you better than virtually anyone else.

One question, though. Will Democrats participate in the committee? Here’s Adam Schiff telling Chris Wallace yesterday on FNS that he thinks the party should boycott. I hate to admit it but that’s sound strategy. They’re taking a risk in doing it: If the GOP turns up compelling evidence of Obama’s or Hillary’s negligence on the night of the attack, the fact that Democrats refused to take part in the investigation will make them look complicit in the cover-up and whitewash. If the GOP doesn’t turn up something compelling, though, the boycott will make it easier for Democrats to argue that it was a kangaroo court all along that the public should either pay no attention to or actively punish Republicans for organizing. In fact, Dems can cite their boycott as a reason for the public to downplay or ignore any evidence that Gowdy does uncover. E.g., “We knew Republicans would be grossly unfair to the administration and blow their findings out of all proportion. That’s why we didn’t participate.” It’s a way to delegitimize the effort, which is the whole ballgame for them right now.


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Friday, April 11, 2014

Trey Gowdy: How can Lois Lerner refuse to answer questions when she’s already made 17 assertions of fact?

TreyGowdy:HowcanLoisLernerrefuseto

Trey Gowdy: How can Lois Lerner refuse to answer questions when she’s already made 17 assertions of fact?

posted at 4:01 pm on April 10, 2014 by Allahpundit

Via Charlie Spiering, a video accompaniment to the House Oversight Committee’s decision this morning to hold Lerner in contempt for refusing to testify before it. Wait, you say — doesn’t she have a Fifth Amendment privilege against self-incrimination that gives her the right not to answer questions from Congress? She sure does, unless she waives that right by effectively testifying on her own behalf. A defendant in a criminal trial can refuse to testify entirely or he can testify on his own behalf and then face cross-examination from the prosecution, but he can’t offer the jury his own story and then decline to answer questions from the other side. That’s exactly what Lerner did last year in her opening statement to the committee, says Gowdy. She made multiple assertions of fact — she’s innocent, has committed no crime, etc — and then, when Issa and company tried to cross-examine her, she clammed up. That’s the basis of the contempt charge. You can’t selectively invoke your privilege against self-incrimination.

Or can you? Specifically, can you selectively invoke it in a civil proceeding like a congressional hearing even if you can’t do so in criminal court? Answer: It’s … hard to say. There isn’t much jurisprudence on the privilege in congressional settings. Ask six different lawyers and you might get six different opinions. Last year Alan Dershowitz said it was an open-and-shut case: Yes, Lerner had indeed constructively waived her privilege in an opening statement. Not so, said law prof James Duane: Witnesses have long been permitted to make “selective invocations” in civil proceedings (which are primarily about fact-finding rather than judgments of guilt), especially when they’ve been forced to appear against their will. Orin Kerr of the Volokh Conspiracy looked at the case law and found no clear answer; when he put the question to a law-prof listserv, most thought Lerner hadn’t waived her privilege although “opinions were somewhat mixed.”

Ken White of Popehat sifted through precedent on this issue last month and came to this conclusion:

In short, it is not perfectly clear that Lois Lerner waived her Fifth Amendment rights by making an exculpatory and self-serving opening statement. The factors in favor of waiver are (1) that she made the statement purely voluntarily and gratuitously, and (2) that it was on the same subject matter of the questioning she would be facing. The factors against waiver are (1) that she was compelled to appear and (2) the statement did not admit any incriminating facts. At a minimum, in my view it was reckless for her to make an opening statement if her genuine aim was to protect her Fifth Amendment rights, given the uncertainty of the law.

Gonna take a few federal courts to hash this out, which, of course, is why Issa’s committee voted as it did this morning. The contempt charge will presumably be challenged by Lerner and then away we go up the chain towards the D.C. Circuit (and the Supreme Court?). Or maybe she’ll surprise us, agree to testify, and offer a handy explanation for why she was thinking of applying for a job at OFA at the same time she was demanding audits of major Republican Super PACs. Can’t wait.


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