House Democrats roughed up the Acting Director of National Intelligence, Joseph Maguire, on Thursday at a highly anticipated hearing of the House Select Committee on Intelligence. It might be good politics. Or good theater. Or perhaps it was good politics because it was good theater. But, as I watched, I was surprised at the tact Democrats had taken.
So was
Congressman Chris Stewart (R-Utah), who suggested that Democrats had questioned
Maguire’s honor and integrity, while accusing him of breaking the law.
After eliciting
Director Maguire’s avowals that he is not political or partisan, that he has
followed the law faithfully, that he has done nothing to protect the President,
that he is bound by the opinions of the Office of Legal Counsel, and that the
situation that confronted him was unprecedented, Congressman Stewart continued:
I will say to my colleagues sitting here: I think you’re nuts if you think you’re going to convince the American people that your cause is just by attacking this man and by impugning his character, when it’s clear that he felt there’s a discrepancy, a potential deficiency in the law. He was trying to do the right thing. He felt compelled by the law to do exactly what he did. And yet the entire tone here is that somehow you’re a political stooge who has done nothing but try to protect the President. And I just think that’s nuts. And anyone watching this hearing is surely going to walk away with the clear impression that you are a man of integrity, you did what you felt was right, regardless of the questions and the innuendo cast by some of my colleagues sitting here today.
Chairman Adam Schiff responded, “I would only say, Director, no one has accused you of being a political stooge or dishonorable. No one has said so. No one has suggested that.”
“You’ve
accused him of breaking the law, Mr. Chairman.”
Schiff ignores
the comment and continues:
But it is certainly our strong view, and we would hope that it would be shared by the minority, that when the Congress says that something shall be done, it shall be done. And when that involves the wrongdoing of the President, it is not an exception to the requirement of the statute. And the fact that this whistleblower has been left twisting in the wind now for weeks, has been attacked by the President, should concern all of us, Democrats and Republicans, that this was ever allowed to come to be, that allegations this serious and this urgent were withheld as long as they were from this Committee. That should concern all of us. No one is suggesting that there is a dishonor here, but nonetheless, we are going to insist that the law be followed.
Democrats believe Maguire made the wrong call when he delayed sending the complaint to the House and Senate Intelligence Committees. That’s a judgment call, after the fact, and not nearly as black and white as Democrats portray it.
I don’t fault the Democrats for offering a simple message. Instead, I suggest that a bit more nimbleness – moving from Talking Point A to Talking Point B – would have been welcome.
I agree with Congressman Stewart that Director Maguire acquitted himself well. During his first week on the job, Maguire was confronted with an unprecedented situation: a whistleblower law crafted with the Intelligence Community in mind – that is, personnel under the purview of the DNI; conflicting statutes and policies, including executive privilege (over which the DNI has no authority); and, of course, charges lodged against the President of the United States. Wishing not to misstep when presented with a unique situation of considerable gravity, the Director consulted with the Office of Legal Counsel.
Maguire has dedicated his life to service of his country. As Acting DNI, he is a federal official, not the Lone Ranger (or Jim Comey). He wasn’t prepared to wing it when faced with an unprecedented situation that a Congressional statute had not anticipated. He reached out to other professionals. In consulting with legal counsel, Director Maguire was doing his utmost to adhere to the rule of law. Arguably, to do otherwise would have been reckless and arrogant. Maguire is neither.
Yeah, he was appointed by Donald Trump. But Democrats, after taking him to task for a delay of several weeks, could have acknowledged Maguire’s commitment and resolve to do the right thing (in an administration filled with corrupt hacks!). Maguire didn’t simply sit on the report for the past month, pass the issue onto to another desk, or sweep it under the rug. He was, based on what we know, doing his utmost – consistent with his legal authority – to get the report to the Intel committees. And, finally, he had succeeded in doing so. (A number of other events contributed to this result, including leaks to the press. Perhaps Maguire couldn’t have done this on his own, but give him credit: he was determined to alert the Intel committees to what was up.)
Adam Schiff’s
emphasis is understandable. Congressional investigators are no more enamored of
nuance than was George W. Bush. But, as I watched on TV, I found myself (like
the Republican Congressman from Utah), objecting to the Democrats’ tone and their
implied aspersions.
In taking
that stance, in my view, Democrats missed
an opportunity—to embrace Maguire as an unlikely ally: a Trump-appointee
willing and eager to serve as a character witness for much that Democrats hold
dear in the Trump era.
In his opening
statement – and subsequent testimony – Maguire unequivocally staked out
territory consistent with Constitutional governance, democratic norms, and the
rule of law.
He offered unwavering support for the whistleblower and his good faith in coming forward. He made a commitment to protect him – and everyone else in the Intelligence Community who might come forward in the future. He attested to the credibility of the whistleblower’s complaint. He stood up for the Inspector General who brought the whistleblower’s complaint forward.
He embraced the men and women of the Intelligence Community, and the critical work they do; the oversight role of the Intel committees of both houses of Congress; and the vital importance of the partnership of IC and Congress in keeping America safe and free.
A critical element in the strategy of
Republicans – on Fox News and Capitol Hill – in defending Trump is to attack the
integrity of the Intelligence Community. To go after individuals. To
besmirch the FBI and other agencies. To howl about the Deep State.
This has been extremely damaging. Democrats have done their best to push back. Yesterday, they had an advocate for the Intelligence Community in front of the cameras. Lots of people were watching. No one was in a better, stronger position to undermine deep state nonsense than Joseph Maguire. In my view, Democrats should have spent more time drawing him out regarding the IC, in order to pull the rug out from under the clownish Devin Nunes and his ilk. Instead, we kept hearing variations on the same question: Why didn’t you notify us sooner?
I know Democrats have a case to make to the country. When Nancy Pelosi weighed in today on whether Maguire had good reason to delay sending the whistleblower report to Congress, she said, “No, he broke the law.”
Today, acknowledging the consensus view of Maguire’s basic integrity, she said, “He’s a person of great reputation. I felt sorry for him because here he is having to … I don’t know what. I think that what he did broke the law. The law is very clear.”
I raise this issue – of slight significance relative to Thursday’s hearing, which was highly consequential – because Democrats have flailed away for months trying to hold Donald Trump accountable. Now, as they head toward impeachment, they need to hit all the right notes. Impeachment, as Nancy Pelosi well knows, will be savagely divisive. Democrats need to reach out to the folks who haven’t yet chosen sides. And since the U.S. Senate is unlikely to convict Donald Trump, no matter what he does, the preeminent task for the party is persuading mostly disengaged voters – who switched from Obama 2012 to Trump 2016; or who have voted Democratic in the past, but stayed at home in 2016; or who may identify as Republican, but are weary of Donald Trump’s antics – to cast ballots for the Democratic nominee, and down-ballot candidates, in November 2020.
The party would do well to embrace allies, such as Joseph Maguire, whenever and wherever it finds them.
