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GOP


JIM JORDAN, CHURCH COMMITTEE PRETENDER

His new panel on the “weaponization of the federal government” bears no
resemblance to the storied 1970s committee whose work led to intelligence
reform.
by Loch K. Johnson, Frederick Baron, and Dennis Aftergut
January 12, 2023 5:30 am
Rep. Jim Jordan, R-Ohio, is seen outside a House Republican Conference meeting
in the U.S. Capitol on Tuesday, January 10, 2023. (Tom Williams/CQ-Roll Call,
Inc via Getty Images)
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Members of the new Republican majority in the House of Representatives are
trying to stick a civil libertarian label on the subcommittee they’re creating
to “investigate the investigators.” Its formal name will be the Select
Subcommittee on the Weaponization of the Federal Government. But when talking
about it to the press, some Republicans have taken to calling it a reincarnated
“Church committee.”

They are invoking the 1975-76 Senate Select Committee on Intelligence Activities
chaired by Sen. Frank Church (D-Idaho). That committee was launched after a
bombshell 1974 New York Times report about Nixon-era CIA domestic surveillance
on anti-war activists and other dissident American citizens.

Two of us (Johnson and Baron) served in key staff positions on the Church
committee. The comparison is preposterous. The new House subcommittee is not
remotely up to the Church committee standard—in origin, composition, or purpose.

To begin with, the Church committee bore serious moral authority, which arose
from its truly bipartisan mission: tough-minded rethinking of intelligence
agency activities under administrations of both parties stretching back almost
twenty years.

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Indispensable to its credibility was the energetic participation of steely
moderate Republican senators like Howard Baker (R-Tenn.), Charles Mathias
(R-Md.), and Richard Schweiker (R-Penn.). These were statesmen—intellectually
honest and adept. In particular, Baker performed an indispensable, fair-minded
role for Church committee Republicans, as he had done on the Senate Watergate
Committee.

One example: Concerned about the Church committee’s probe into FBI activities
against Martin Luther King Jr., Baker sought evenhandedness without obstruction.
“Let’s have a balance, not just focus on King,” Baker said. “Perhaps a session
on FBI infiltration of the KKK, too.”

On the Church committee, GOP senators—including the committee’s vice chairman,
the conservative John Tower (R-Texas)—were willing to pursue the truth about the
actions of Republican administrations. In turn, Democratic senators, including
Church, Walter Mondale (D-Minn.), and Gary Hart (D-Col.), were willing to probe
the actions of the Kennedy and Johnson administrations. That commitment to
nonpartisan inquiry catalyzed the committee’s powerful, evidence-based critique
of intelligence agency misconduct, and serious proposals for agency reforms
later adopted in the Ford and Carter administrations.

The Church committee unearthed dramatic breaches of law and American norms:

 * CIA assassination plots against foreign leaders such as Fidel Castro in Cuba
   and Patrice Lumumba in the Congo.
 * FBI COINTELPRO surveillance, infiltration, and disruption targeting King, his
   Southern Christian Leadership Conference, and the anti-Vietnam War movement.
 * CIA and FBI mail-opening programs that snooped on broad swaths of U.S.
   citizens.

Those legitimate subjects of investigation are a far cry from what the new House
subcommittee is setting out to do: fishing for stories about the mythical deep
state and looking into “ongoing criminal investigations”—that is, going after
the law enforcement officials investigating the January 6th insurrection.

--------------------------------------------------------------------------------

The contrast with the Church committee is even sharper with the news that the
subcommittee will be chaired by Rep. Jim Jordan (R-Ohio), who is also the
chairman of the full Judiciary Committee of which the new panel is a part.

Jordan’s telephone calls with former President Donald Trump and his chief of
staff, Mark Meadows—before and during the insurrection—make Jordan, at minimum,
a witness in the Department of Justice investigation being led by Special
Counsel Jack Smith.

So too are some other Republican hardliners—like Rep. Scott Perry (R-Penn.), who
has insisted on his eligibility for an appointment to Jordan’s subcommittee.
Perry joined Rep. Matt Gaetz in caucusing regularly during last week’s
speakership fight at the offices of Meadows, who may well also be a subject or
target of the special counsel’s investigation.

Jordan now denies any intent to probe the DOJ “ongoing criminal investigation”
into January 6th. But freshman Rep. Daniel Goldman (D-N.Y.), a former federal
prosecutor, is skeptical. “The primary purpose of this special subcommittee,” he
said, “is to interfere with the special counsel’s ongoing investigation.”

As the New York Times has described it, the appearance of a historic conflict of
interest is inescapable: “Lawmakers trying to scrutinize a Justice Department
investigation as that inquiry potentially examines some of those same lawmakers’
conduct.”

--------------------------------------------------------------------------------

More apt as a precedent for Jim Jordan’s new “weaponization” subcommittee is the
1954 congressional inquisition in which the demagogic Republican Joseph McCarthy
accused the U.S. Army of secretly harboring Communists. During those hearings,
McCarthy and his chief counsel Roy Cohn—Trump’s mentor—sought personal benefits
through their investigatory power. Army Secretary Robert T. Stevens testified
that he had been subjected to “persistent, tireless” efforts by McCarthy and
Cohn to give preferential treatment to a personal associate of Cohn—with Cohn
reportedly threatening to “wreck the Army,” and see that Stevens was “through”
as secretary.

Such impropriety is even more pronounced here. The current congressional
vendetta appears self-protective and intended to intimidate federal
investigators from doing their jobs. Democracy is truly endangered by turning
investigations partisan and disempowering the FBI at a time of rising domestic
terrorism and foreign threats to undermine our government.

The good news: Attorney General Merrick Garland will undoubtedly refuse to
cooperate with congressional invasions of the separation of powers, just as his
predecessors, Robert H. Jackson and William French Smith, did in administrations
of both parties. Legislative requests for information about ongoing DOJ
investigations can hijack them by providing the targets, midstream, with
traditionally confidential information.

Jim Jordan’s “weaponization” subcommittee bears no likeness to the Church
committee. Jordan and company intend to generate headlines rather than needed
reforms. They seek not to expose wrongdoers but to deflect attention from them.
And instead of leaving a legacy of bipartisan honor and truth-seeking, their
work will be remembered as a scandalous exercise in personal and partisan
self-preservation.

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LOCH K. JOHNSON, FREDERICK BARON, AND DENNIS AFTERGUT

Loch K. Johnson is Regents Professor Emeritus of Public and International
Affairs at the University of Georgia, former senior select committee aide to
Sen. Frank Church, and the author of A Season of Inquiry Revisited on the Church
committee. Frederick Baron is a former associate deputy attorney general and
former counsel to the Church committee. Dennis Aftergut is a former federal
prosecutor, currently of counsel to Lawyers Defending American Democracy.
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