I have read the Congressional committee memorandum (“the memo”) just now released. As someone who understands the nature and practice of handling classified information, I have these observations.
With respect to the declassifying and release of the memo, I do not understand why those who opposed its release would do so by reason of “jeopardizing sensitive sources and intelligence gathering activities.” There is absolutely nothing in this released memo that would in any way come close to realizing those concerns. Even in the case of an opponent assembling “essential elements of friendly information,” I do not believe that is possible with this document, and frankly would think nefarious individuals looking for information are laughing at the prospect this memo reveals anything of a sensitive or classified nature. I remain convinced that redacted information may have called into question sensitive sources and activities; but that information, and it likely exists, was redacted and does not appear in the memo. From my perspective, anyone who claims we have put at risk our intelligence gathering community by the release of this memo, is either too close to the investigation personally or politically, or simply, doesn’t know what they’re talking about.
The content of the memo, however, is entirely another matter for concern.
When I entered the military on active duty, I was briefed on the fact that I was subject to the Federal Hatch Act of 1939 which prevented me from participating in partisan political activity and limited my free speech rights with respect to partisan political participation. This law applied to everyone in the Executive Branch of government save for a few of the highest-ranking people in the Executive (the President, Vice-President, etc.). In short, we served the American people without allegiance to any political party or position.
There have been cases where members of the Executive branch have crossed this line and have lost their jobs or were denied promotions, or worse. I determined I would not be one of them. I served both liberal and conservative administrations. I held my tongue while on active duty as administrations allowed violations of the law (spelled “selective non-enforcement”) or failed to defend the pre-born I was prepared to give my life to defend. When members of all three branches of government celebrated opinions or positions that seemed to trample on the Constitution to which I had given my oath, I grieved for my country. And yet, we’ve always known that all of us have our own political leanings. For me and those who served alongside me, we remained silent as was required by the law.
For those mentioned in this memo who, as Executive Branch law enforcement agents, were required to uphold the law with infinitely more discretionary authority than we, to have used their authority to try to disqualify—even replace—those at the top by handing out mendacious information they knew was contrived and partisan, is at best a violation of the Hatch Act of 1939. They have become fodder for the Special Prosecutor themselves.
Why did they do it? They were drunk on their own liberal freedoms and overconfident in their own pursuit of discretionary power. Moreover, they didn’t think they were going to get caught. And yet, if they had “such a fervent, passionate, evangelical faith in this country . . .” then why didn’t they run for office? It’s because they truly lacked “any faith in the system of government” they were “so hell-bent to protect.”[1]
[1] Borrowed from Seven Days in May, 1964.