https://www.nationalreview.com/2019/09/trump-whistleblower-claim-congress-should-investigate/
T he Democrats’ media narrative of impeachment portrays President Trump and his administration as serial law-breakers who, true to form, obstruct all congressional investigations of wrongdoing. This then becomes the analytical framework for every new controversy. There are at least two fundamental problems with this.
First, our constitutional system is based on friction between competing branches vested with separate but closely related powers. The Framers understood that the two political branches would periodically try to usurp each other’s authorities. Congress often does this by enactments that seek to subject executive power to congressional (or judicial) supervision. Presidential pushback on such laws is not criminal obstruction; it is the Constitution in action.
Second, we’ve become so law-obsessed that we miss the forest for the trees. Often, the least important aspect of a controversy — viz., whether a law has been violated — becomes the dominant consideration. Short shrift is given to the more consequential aspects, such as whether we are being competently governed or whether power is being abused.
These problems are now playing out in the Trump controversy du jour (or should I say de l’heure?): the intelligence community whistleblower.
As this column is written on Friday afternoon, the story is still evolving, with the president tweeting as ever, and the New York Times producing a report by no fewer than eight of its top journalists, joining the seven (and counting) who are working it for the Washington Post, which broke the story.
It stems from — what else? — anonymous leaks attributed to former intelligence officials. Whether they are among the stable of such retirees now on the payroll at anti-Trump cable outlets is not known. While the media purport to be deeply concerned about Trump-administration law-breaking in classified matters, there is negligible interest in whether the intelligence officials leaking to them are flouting the law.
A Promise to Ukraine?
In any event, we learn that an unidentified “whistleblower” has filed a complaint with the intelligence community’s inspector general (IGIC), relating that President Trump had recent interaction with an unidentified foreign leader during which the president made a “promise” which is not further described to us, other than that the whistleblower found it very “troubling.” The inference that President Trump is the subject of the complaint (or at least a subject) derives from the fact that intelligence officials say it involves someone who is “outside the intelligence community,” and that there are issues of “privilege” that justify non-disclosure to Congress. (The president is “outside” the intelligence community in the sense of being over it as chief executive; and, as I discussed in a column earlier this week, presidents have executive privilege, which shields communications with advisers.)