STRATEGIC MEMORANDUM
SUBJECT: Boehner Steps In As Gowdy’s Conspiracy Theories Fall Apart
TO: Interested Parties
FROM: Isaac Wright, Executive Director, Correct The Record
DATE: Tuesday, March 17, 2015
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Representative Trey Gowdy of South Carolina, Chair of the Benghazi House Select Committee, is watching his own political charade implode for lack of substance. Sensing the waning nature of the last shreds of credibility the Select Committee was grasping for, House Speaker John Boehner jumped into the public discourse today in a desperate attempt to give credibility to the partisan investigations of former Secretary of State Hillary Clinton. Even as significant debates weigh on the country about the federal budget, Boehner put his focus on the political gamesmanship in the House to attack Clinton.
In a lengthy profile of Gowdy published in Politico on Friday, Gowdy notably began to back down from his vitriolic ambitions for the Select Committee, forced by the facts contradicting his endeavors and the lack of facts to substantiate his conspiracy-theory-driven partisanship.
Gowdy backed down on accepting certification of Clinton’s email disclosure, from claims of wrongdoing by Clinton, on his authority to seize personal property, on Clinton and her role in his investigation, on the scope of his Select Committee, and on the myth of a “stand-down” order. Gowdy will doubtlessly try to beat the drums to garner a few more headlines for himself, but the conclusion is drawing near: the Select Committee has been an expensive exercise in partisan demagoguery and not much else.
What’s A Speaker To Do?
Left with the fizzling out of the Benghazi Committee, House Speaker John Boehner stepped into the fray today to try and bolster the “Republican Congress vs. Clinton” narrative after leaking over the weekend that he would continue the failing partisan investigation of Clinton, this time to focus on her email. The Speaker was supposed to be engaging in the budget issue facing America, but took focus from that for partisan matters instead. Boehner is back to the old Republican playbook: when there is no fault to find and no real scandal to investigate, just keep investigating and let that be the story. Americans are growing tired of the political farce that is the Congressional majority. Republicans are ceding the issues of income inequality and America’s place in the world, instead focusing on politics and partisan electioneering on the taxpayers’ dime.
- According to National Journal, Boehner turned his focus from the national budget to partisan attacks on Clinton. “But after giving just a few quick notes on the budget, Boehner shifted to Benghazi and the recent controversy over former Secretary of State Hillary Clinton’s use of a private server and email system.” [National Journal, 3/17/15]
- According to ABC’s This Week, John Boehner plans to open an investigation into Clinton’s email usage as Secretary of State. According to Reuters, “the top Republican in the U.S. House of Representatives is expected to announce an investigation this week into Hillary Clinton’s use of email when she led the State Department, ABC News reported on Sunday. ABC’s ‘This Week’ said that top Republicans briefed the program about Speaker John Boehner’s plan to investigate Clinton’s use of her personal email address when she was secretary of state from 2009 to 2013.” [Reuters, 3/15/15]
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Gowdy Backs Down As Conspiracy Theories Fall Apart
On accepting certification:
Gowdy: “There is no way to accept State’s or Secretary Clinton’s certification she has turned over all documents.” “‘Without access to Secretary Clinton’s personal server, there is no way for the State Department to know it has acquired all documents that should be made public,’ he said in an email. ‘Given State’s delay in disclosing the fact Secretary Clinton exclusively used personal email to conduct State business, there is no way to accept State’s or Secretary Clinton’s certification she has turned over all documents that rightfully belong to the American people.’” [New York Times, 3/10/15]
Gowdy said he saw “no choice” but for Sec. Clinton to turn her server over to a third-party arbiter. “Rep. Trey Gowdy, R-S.C., head of the House committee investigating the 2012 Benghazi attacks, said in a statement that without access to it, ‘there is no way for the State Department to know it has acquired all documents that should be made public.’ He said he sees ‘no choice’ but for Clinton to turn over the server ‘to a neutral, detached third-party arbiter who can determine which documents should be public and which should remain private.’” [Fox News, 3/11/15]
Gowdy Backs Down:
Gowdy said he may be willing to accept a personal “certification” or oath from Clinton that her submitted emails to State were complete. “When I point out that another committee he serves on recently accepted a high-level witness’s mere ‘certification’ or a personal oath that his submitted emails were complete, Gowdy says a similar compromise might be possible with Clinton. ‘That may be the best we can get. If you can’t get what you think is your reasonable alternative, because you’re dealing with the limitations of the legislative branch. What is your power to dictate otherwise? Public pressure maybe. But beyond that what can you do?’” [Politico Magazine, 3/12/15]
On wrongdoing:
Gowdy: “I have evidence that there was a systematic intentional decision to withhold certain documents from Congress.” “VAN SUSTEREN: Secretary of State John Kerry has been subpoenaed by House Oversight. Why? GOWDY: Well, Greta, if you go back and read some of the old quotes — and I know administration officials hate it when we go back and read what they said a year ago. But a year ago, he said with respect to Benghazi, if you’re having any trouble getting information let me know. Well, Mr. Secretary, we’re going to let you know. We’re not getting the information. This e-mail we should have gotten -(CROSSTALK) VAN SUSTEREN: Is it bureaucracy or hiding it? GOWDY: Well, I have evidence that not only are they hiding it but there’s an intent to hide it. I can’t disclose that evidence yet, but I have evidence that there was a systematic intentional decision to withhold certain documents from Congress, and we’re just sick of it. So we’re going to get him to come explain why we’re getting documents 20 months late.” [Fox News’ “On the Record”, 5/2/14]
Select Committee staffer spoke of a “scheme to conceal” her emails. “The former Secretary’s tweet does not answer questions about why this was not done when she left office, the integrity of the emails while she controlled them, the scheme to conceal them, or the failure to provide them in logical course.” [Statement from the Communications Director on Clinton’s Emails, 3/5/15]
Gowdy Backs Down:
Gowdy says he’s not accusing Clinton of any wrongdoing. “Contrary to all rumor and innuendo, Gowdy says he is completely open to the idea that Hillary may have done nothing wrong while secretary of state. He has publicly pointed out ‘gaps’ that go for ‘months in the materials she has provided on Benghazi. But he insists he’s not accusing her of anything; he just doesn’t know yet, he says.” [Politico Magazine, 3/12/15]
On his power to seize personal property:
Gowdy: “I have to have all the documents. If that means sending legal recourse to the secretary herself, that’s exactly what we’re going to do.” “BLITZER: Will you subpoena all those documents from her private e- mail account, assuming the 55,000 pages are not everything? And they might be everything as far as we know. We don’t know, right? GOWDY: Well, we’re going to use every bit of legal recourse at our disposal to make sure — if you look at the resolution that says ‘all policies, all activities, all decisions,’ and the word ‘all’ is a big word. If I’m going to be able to do what my colleague ask me to do, I have to have all the documents. If that means sending legal recourse to the secretary herself, that’s exactly what we’re going to do.” [CNN, 3/4/15]
Gowdy: “The public, the media and Congress have a legal right to access these public records without impediment.” “Without access to Secretary Clinton’s personal server, there is no way for the State Department to know it has acquired all documents that should be made public, and given State’s delay in disclosing the fact Secretary Clinton exclusively used personal email to conduct State business, there is no way to accept State’s or Secretary Clinton’s certification she has turned over all documents that rightfully belong to the American people. That is why I see no choice but for Secretary Clinton to turn her server over to a neutral, detached third-party arbiter who can determine which documents should be public and which should remain private. Secretary Clinton alone created this predicament, but she alone does not get to determine its outcome. These public records at issue are broader than Libya and broader than Benghazi. The Secretary of State has enormous responsibility and jurisdiction and the public, the media and Congress have a legal right to access these public records without impediment.” [Gowdy Statement, 3/10/15]
Gowdy Backs Down:
Gowdy: “There really is no argument that our committee has the subpoena power to seize personal property.” “Ultimately, says Gowdy, he may be able to do nothing more than to report that Clinton might be guilty of ‘spoliation of evidence’ — suggesting, but not asserting, that she destroyed documents unfavorable to her. ‘I am limited under the rules under which our committee was formed. And the rules make it really clear what we have the power to do and what we don’t … There really is no argument that our committee has the subpoena power to seize personal property. It is an open constitutional question as to whether the House as whole has it,’ he says.” [Politico Magazine, 3/12/15]
On Clinton’s role:
Gowdy: “Secretary Clinton alone created this predicament, but she alone does not get to determine its outcome.” “Without access to Secretary Clinton’s personal server, there is no way for the State Department to know it has acquired all documents that should be made public, and given State’s delay in disclosing the fact Secretary Clinton exclusively used personal email to conduct State business, there is no way to accept State’s or Secretary Clinton’s certification she has turned over all documents that rightfully belong to the American people. That is why I see no choice but for Secretary Clinton to turn her server over to a neutral, detached third-party arbiter who can determine which documents should be public and which should remain private. Secretary Clinton alone created this predicament, but she alone does not get to determine its outcome. These public records at issue are broader than Libya and broader than Benghazi. The Secretary of State has enormous responsibility and jurisdiction and the public, the media and Congress have a legal right to access these public records without impediment.” [Gowdy Statement, 3/10/15]
Gowdy Backs Down:
Gowdy: “She is by no means the central focus of our inquiry.” “‘She really is going to be, I don’t want to say a small part — I don’t know — but she is by no means the central focus of our inquiry. … John Boehner didn’t even mention her name when he asked me to do this. There are a million other things to pursue with respect to Benghazi other than Secretary Clinton.’” [Politico Magazine, 3/12/15]
Gowdy: Taking on Hillary “is not my job.” “Taking on Hillary, Gowdy repeats, ‘is not my job. That’s the job of the RNC, and the Republican candidate for president. … If they hired me for that job they hired the wrong guy. Why would you hire a not-even-two-term guy, all of whose training tells him to go where facts take him, who doesn’t even go to National Republican Conference dinners, who’s lousy at fundraisers, who hates to travel? Because that’s who you’re getting.’” [Politico Magazine, 3/12/15]
On the scope of the committee:
Politico: Gowdy signaled that he intended to broaden his probe beyond the Benghazi attacks. “Gowdy signaled in his statement that he intended to broaden his probe beyond the Benghazi attacks. ‘Secretary Clinton alone created this predicament, but she alone does not get to determine its outcome. These public records at issue are broader than Libya and broader than Benghazi,’ he said.” [Politico, 3/10/15]
Gowdy demanded that Clinton explain emails to the select committee at an additional hearing. “Because Secretary Clinton has created more questions than answers, the Select Committee is left with no choice but to call her to appear at least twice. The first appearance will be to clear up her role and resolve issues surrounding her exclusive use of personal email to conduct official business. This is necessary to establish our Committee has a complete record with respect to Secretary Clinton’s time in office. Our committee will then call her to appear before the Committee in a public hearing to answer questions specifically regarding Libya and the Benghazi terrorist attacks that took the lives of our four brave fellow citizens.” [Gowdy Statement, 3/10/15]
Gowdy Backs Down:
Gowdy said he would be comfortable with a committee other than the Benghazi committee investigating Sec. Clinton’s email use at the State Department. “Gowdy has already suggested that any probe into Clinton’s private email trove might be better left to another committee, such as the House Intelligence panel or Rep. Jason Chaffetz’s Government Oversight committee (on which Gowdy also serves). ‘I would be more than content if the speaker in his judgment concluded that other committees have equities there,’ he says.” [Politico Magazine, 3/12/15]
On the stand-down order:
Tomasky: Gowdy intimated that there was a stand-down order, asking why the U.S. “didn’t have any assets moving during the siege.” “South Carolina Rep. Trey Gowdy, who will chair the special committee once it does get off the ground, has never been quite so matter-of-fact as Chaffetz, but he too has performed the stand-down Fox trot, in a slightly more glancing way back in early May. ‘Well, Greta, your viewers would still have the same unanswered questions as we have: why our security profile was so low on the anniversary of 9/11; why we didn’t have any assets moving during the siege itself; and why the government can’t be trusted to answer your questions completely and accurately in the aftermath,’ he said. ‘The jury that I’m interested in are reasonable-minded, fair-minded people, like your viewers.’ The key phrase there is ‘why we didn’t have any assets moving,’ which means ‘military people dispatched.’” [Tomasky, Daily Beast, 7/14/14]
Gowdy Backs Down:
Gowdy said he has “seen no evidence” that Sec. Clinton ordered a stand-down of security forces at Benghazi. “He says he’s ‘seen no evidence’ that Clinton ordered a stand-down of security forces in Benghazi, contributing to the deaths of Ambassador Chris Stevens and three other Americans on Sept. 11, 2012 , or any of the other more damning things the right typically alleges.” [Politico Magazine, 3/12/15]