Five Scandals that Could Put Republicans in Jail

By James Ridgeway, Mother Jones. Posted October 12, 2006.

The stately Russell Senate Office Building stands at one corner of a domestic Green Zone, just northeast of the Capitol building at the intersection of Delaware and Constitution avenues. In the past few years a maze of blockades has sprouted along the shaded avenues and curving drives of the Capitol complex. Checkpoints are patrolled by heavily armed police; guards watch for suspicious characters and prohibited items (which now include food and beverages; cans, bottles, and sprays; and bags larger than 13 by 14 inches). At the Russell Building, visitors encounter another set of barriers and metal detectors before being granted admittance to the elegant structure. Then, at the top of a sweeping staircase, they'll find a room walled in white marble, draped in deep red, overhung by a gilded ceiling, and fronted, altarlike, with a raised dais.

Here in the humbly named Caucus Room, the U.S. Congress has held some of its most famous public hearings, beginning with a 1912 investigation into the fate of the Titanic. The Watergate hearings unfolded here in the early '70s, beneath the ever-watchful gaze of Senator Sam Ervin (D-N.C.). It was here that Rep. Barbara Jordan (D-Texas), the first Southern black woman elected to Congress, declared: "My faith in the Constitution is whole, it is complete, it is total. I am not going to sit here and be an idle spectator to the diminution, the subversion, the destruction of the Constitution."

But in the past six years, congressional investigations of such bold, searching nature have disappeared. In a post-9/11 environment of silence and fear, the mood inside Congress has mirrored the bunkers and barriers outside: No one dares question the military or the intelligence services too closely, or to push the president too far. The Caucus Room continues to be used for party meetings and social events, and every so often there is a potted inquiry, as in the case of the 2003 hearings on the space shuttle. But on issues of war and peace, of corruption and graft, of civil rights, civil liberties, and constitutional breaches, meek questions are the rule, answered by dull assurances from the White House.

If the Democrats win back control of Congress (or even one of its chambers), if they can come up with the requisite moxie, and if they can muster the political will to reach out to their own base as well as to disaffected Republicans, they will have an opportunity to begin to change all that. They will need to overcome the myriad obstacles the Bush administration has created to keep lawmakers from obtaining and releasing critical information, such as its resistance to briefing congressional committees on intelligence issues, or its heavy hand in redacting congressional reports. When explosive information has leaked out -- the fact that documents offering "proof" of Saddam Hussein's intent to buy uranium from Niger had been forged, or that the United States is operating a network of secret prisons in other countries -- the administration's response has focused on condemning critics for politicizing national security -- a charge before which the Democrats usually crumble.

Still, there is a chance that some of the gutsier Dems, with the support of an increasingly fed-up public, could make progress toward exposing the truth.

But if lawmakers of either party do not begin to reclaim their constitutional powers -- by asking questions such as those listed below -- it's not hard to envision a time when visitors may come to the venerable Caucus Room as if to a museum, to learn about a bygone era when congressional investigations still served as a check on the imperial presidency.

1. Who lost Iraq?

It goes without saying that a congressional investigation -- a joint inquiry by both houses, given the gravity of the matter -- should address the causes, conduct, and effects of the Afghanistan and Iraq wars, going back to the days immediately after Bush's election when the plans for invading Iraq were laid (see "A War Foretold," Page 61). But beyond that, the conduct of the war on terror has raised myriad vital questions that, at another time, would have been subjects of full-fledged inquiries on their own: the Pentagon's failure to adequately equip troops with armor, ammunition, radios, and the like; the use of mercenary forces; the contracting process; and the government's efforts to manipulate the press through outside PR agencies. Also worthy of scrutiny is the role of oil and gas, including the work of the secret Cheney energy task force, which points to prewar discussions with the ceos of major companies about Iraqi oil.

A congressional investigation into the Iraq war must make full use of subpoena power and must be prepared to forward findings of illegal acts to the Justice Department for possible criminal prosecution. Just as important, public hearings could provide an opportunity -- and protection -- for would-be whistleblowers: Recall that Daniel Ellsberg didn't take his trove of documents, showing the Defense Department's true assessment of the war in Vietnam, to the New York Times until after he had been rebuffed by congressional Democrats. Somewhere inside the Defense Department and the intelligence agencies today's Pentagon Papers are waiting.

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James Ridgeway is Mother Jones' Washington bureau chief.

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