As the last election showed, the decision to reveal or not reveal the existence and progress of investigations into people running for office is an inherently political decision. And also, as the last election showed, there is no way for non-political agents (like James Comey) to reveal or not reveal this kind of information without politicizing their agency and exposing it to the distrust of half the population. Can we prevent this kind of nonsense from happening again?
Of course, the result turned out to be catastrophic in the case of Comey, but even if it had been a decision that helped our side, it’s really bad for everyone when non-political agencies step into politics, no matter how well-meaning they (think they) act. And of course, when they aren’t so well-meaning, it’s even worse. So ideally we could stop this, right?
Well, I don’t know. I don’t know if we can stop political revelation or non-revelation, but I think we can prevent the agencies from being the ones who do it.
So I, drunk on fury and sleeplessness, have an idea. Here’s a law that Congress (in 2019 let’s hope!) should pass to prevent this kind of interference in the future.
1. Require the various relevant agencies (FBI, NSA, CIA, etc) to present a report behind closed doors to Congress on the first of every month from April 1 to November 1 before a presidential election. Each report will detail any and all investigations on candidates for the presidency or their main campaign staff.
2. No one working for these agencies may make the content of these reports public.
3. Congress may make the content of these reports public.
This law has the benefit of taking the inherently political decision to reveal (or not) out of the hands of the non-political agency, and places it in the hands of a political body, Congress.
Now, I don’t really trust Congresspeople to do the right thing... ever, but I think it is far more appropriate for members of Congress to reap the rewards or bear the consequences of a political decision than it is for any non-political agency. Besides, everyone already hates Congress.
Also, since the monthly reports are required, the mere fact of their existence does not raise any issues of scandal. Also, the agencies cannot choose to keep things secret on their own. If anyone buries things under the rug for political reasons, it will be political actors, who will face political consequences (good or bad).
In essence, I don’t expect this law to actually eliminate or even reduce the occurrence of politicized revelations or non-revelations. Instead, I expect it to pass the political cost of these choices onto people who are already in the political realm. In such a case, the agencies themselves can still carry out their sworn duties while leaving politics to the politicians.
Let my tired ass know what you think!
