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Tag:

Oversight

BlogFrom the Desk of Bob Barr

The Benghazi Select Committee – Another Exercise in Republican Ineffectiveness

by lgadmin October 21, 2015
written by lgadmin

A generation ago, it took exactly 506 days between the passage of Senate Resolution 60 establishing the Select Committee on Presidential Campaign Activities to investigate the 1972 break-in at the Democratic National Committee’s Watergate headquarters, and the release of an exhaustive 1,250 report that would lead to the resignation of President Richard Nixon a mere 43 days later. By comparison, it has been 532 days from the date on which the Benghazi Select Committee was formed; and from all outward appearances, we are no closer to a resolution of anything than when the committee first began.

 

The point? The GOP does not know how to conduct oversight – one of the three key responsibilities of the Congress (along with legislating and appropriating monies).

 

The work of the Watergate Committee forced Nixon to resign as a result of the cover-up of the Watergate break-in. Now, a generation later, with the GOP rather than the Democratic Party in firm control of the House, the on-again/off-again investigation of the Benghazi debacle that resulted in the deaths of four Americans, including a sitting Ambassador, and which has revealed apparent violations of federal record keeping laws, continues to sputter. The contrast between the effectiveness of the two select committees could not be more evident.

 

When the Watergate Committee was convened after a unanimous vote in the U.S. Senate, members of the committee were chosen because of their esteem among colleagues from both parties, and because they understood their mission was not to embark on a political witch-hunt, but to find the truth and dispense justice for any discovered law breaking.

 

No such respect or appreciation has been afforded Benghazi Committee Chairman Rep. Trey Gowdy’s mission. Despite his competence as a trained prosecutor, Gowdy has had to fight tooth and nail against attacks on his investigation coming from on all sides. Not only have Democrats, and initially even Republican leaders like House Speaker John Boehner, refused to accept the need for congressional oversight into the Executive Branch’s actions leading up to and following the Benghazi attack, but Gowdy has been forced into cleaning up the fallout from Republicans like Rep. Kevin McCarthy, who make foolish comments to the press politicizing the investigation, thus further undermining its credibility.

 

Unfortunately for Gowdy, it is not a fight he can win; not because there is not corruption to uncover, or because he is unfit to lead the investigation. The problem is that Republican leaders in Congress have yet to figure out how to investigate Executive Branch abuse, or even to comprehend why.

 

The Obama Administration, and Hillary as a part of that Administration, is certainly responsible for its corruption and ethical deficiencies. Congress too, however, must shoulder some of this responsibility given its systemic ineffectiveness at holding the Executive Branch accountable for this pattern of misconduct. But why should a Democratic Administration fear an opposition majority party in the House that is busy fine-tuning the art of shooting itself in the foot; and a Senate also in the hands of a GOP majority, whose members are frozen in place and afraid to assert their numerical majority for fear of upsetting Minority Leader Harry Reid?

 

It is easy to blame outgoing House Speaker John Boehner for the pervasiveness of this permissive attitude. However, the problem is far more systemic than it is the fault of any one person. Simply put, Republicans no better understand their oversight powers and responsibilities now than they did when I was in Congress during the Clinton Administration.

 

Fortunately, Boehner’s resignation opens the door for reform of this broken process. The next Speaker of the House needs to be a leader who recognizes the constitutional and procedural sources of congressional oversight powers. If Boehner had better understood all the tools in his arsenal, then perhaps rather than simply empower Gowdy to conduct an investigation via a Select Committee, with its limited jurisdiction, he would have empowered the permanent House Oversight Committee — which has the broadest jurisdiction of any committee of the Congress — to undertake investigations that included, but were not strictly limited to, the Benghazi attack. Unfortunately, this generation of Republican congressional leaders never have exhibited the moxie for substantive, hard-nosed oversight investigations.

 

“It goes without saying that partisanship is at the very heart of the original problem,” the late Sen. Jesse Helms stated during the debate over the formation of the Watergate Committee. “It is all the more important, therefore, that the investigation be conducted in an atmosphere that inspires confidence and betrays no suspicion that less than the truth, and the whole truth, has been found.” If we are to have any hope of returning to our status as a nation of laws rather than of men, the next Speaker of the House must realize the gravity of Helms’ words, and work to reassert Congress as an independent check on Executive power as intended by the Constitution. I have learned the hard way, however, not to hold my breath.

Originally published here on townhall.com

October 21, 2015 0 comment
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Liberty Updates

Liberty Update – National Security

by Liberty Guard Author February 1, 2015
written by Liberty Guard Author
February 1, 2015 0 comment
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From the Desk of Bob Barr

CIA Oversight Needs Oversight

by Liberty Guard Author August 6, 2014
written by Liberty Guard Author

Mark Twain once quipped, “If you don’t like the weather in New England, just wait a few minutes.” In Washington, D.C., the same thing can be said for the truth; in a flash, it will change — usually with a forecast of sanctimonious apologies.

The latest example of this phenomenon occurred just last week, when the Central Intelligence Agency’s inspector general revealed that the agency had in fact illegally hacked into computers used by the Senate Select Committee on Intelligence (SSCI); the body designed – ironically — to provide oversight of America’s intelligence agencies. True to Twain’s wry observation, it was only a few months back that such a claim was deemed “beyond the scope of reason” by none other than the CIA Director himself. John Brennan had huffed back then that, “Nothing [like that] could be further from the truth.”

One can reasonably assume Brennan had knowledge of his Agency’s cybercrime before piously denying any wrongdoing; after all, he is the director of the nation’s preeminent spy organization. In fact, this episode fits a well-established pattern by Intelligence Community officials of intentionally deceiving members of Congress, especially those tasked with overseeing their activities. Almost a year to the day earlier than Brennan’s denial, Director of National Intelligence James Clapperperjured himself in front of the House Judiciary Committee regarding illegal snooping by the National Security Agency; a “truth” for which he, too, later was forced to apologize.

For long-time watchdogs of the Intelligence Community, today’s culture of insulated arrogance and disdain for authority is disturbingly familiar. In the late 1970s, I served as Assistant Legislative Counsel at the CIA, and was involved in drafting legislation to provide oversight of our country’s Intelligence Community in the aftermath of the Watergate scandal. Until that time, there was no real oversight of these agencies; a situation that fostered a mentality similar to that found in closed societies in which intelligence agencies operate with impunity.This sea-change resulted in a difficult period of adjustment, but things eventually settled down into a workable, if not completely comfortable relationship. Unfortunately, that system has over the years become largely unproductive.

It now has been more than a generation since America has engaged in a real conversation about the oversight of our intelligence agencies. Clearly, whatever safeguards the SSCI and its House counterpart — the House Permanent Select Committee on Intelligence (HPSCI) – provided, are not working; at least not as intended.

Such is perhaps the inevitable evolution of the uncomfortable but essential need — even in a constitutionally-based free society – for the government to maintain a strong foreign intelligence capability. Maintaining that delicate balance between gathering and utilizing foreign intelligence with the secrecy such operations require, while ensuring accountability and adherence to our constitutionally-guaranteed rights, has never been easy. And the need to regularly and openly reevaluate and reform those agencies, those powers, and those individuals, has never been greater.

Since 9/11, America’s intelligence agencies have become even more powerful and insulated; with secret budgets far in excess of those in place just a few years prior. Advancements in digital technology have made them frighteningly potent — and creative — in how they gather and use the unimaginably massive amounts of information now accessible by them.

Information made public last year by Edward Snowden revealed the National Security Agency already possesses the ability to capture every single phone call made in an entire country. The addition of a $2.0 billion-plus NSA data center in Utah, now in the final stages of construction, ensures all of this data can be collected, data-based, stored in perpetuity, and analyzed as desired.

In spite of indisputable evidence that reform is overdue, Congress and the President continue to dawdle; permitting the agencies to continue to engage in ill-defined and at times illegal projects – masked by a virtually impenetrable veil of secrecy that even some members of congressional intelligence committees are blocked from piercing. Every recent attempt to enact meaningful reform is eithersabotaged from within, or rejected outright.

Having a strong and effective foreign intelligence capability is essential to America’s national security. However, by neglecting its morally- and constitutionally-obligated responsibility for setting clear boundaries for how these agencies operate, contemporary congresses have served as enablers for the type of behavior that culminated in this most recent, direct attack on Congress itself. Aside from some appropriate criticism of Brennan and his agency by at least some members of Congress, recent history affords us little cause for optimism that meaningful reform will result.

In much the same way as former President Bush awarded former CIA Director George Tenet the Medal of Freedom rather than firing him for failing to defend against the 9/11 attacks, Barack Obama effusively praised Brennan after it was revealed the agency he heads spied on the Senate and he then lied about it.

Removing Brennan from office should be but the first in a series of steps by the President and the Congress to conduct a thorough house-cleaning of this important arm of our government. Accountability – which our government rightly demands for Snowden – is and must be made to be a two-way street. A special prosecutor from outside the government should be appointed to oversee a criminal investigation of this latest and serious cyber-attack on the separation of powers between the legislative and executive branches of our government. And, until true oversight reform is implemented, Congress should use the power of the purse to cut off funding for programs and offices engaged in illegal and unconstitutional activities.

The time truly has come to end the too-cozy relationship between the watchers and the watched; it is time for oversight of the oversight.

August 6, 2014 0 comment
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