The scandals are falling apart

May 16, 2013

Things go wrong in government. Sometimes it's just bad luck. Sometimes it's rank incompetence. Sometimes it's criminal wrongdoing. Most of the time you never hear about it. Or, if you do hear about it, the media eventually gets bored talking about it (see warming, global).

But every so often an instance of government wrongdoing sprouts wings and becomes something quite exciting: A political scandal.


President Obama speaks about the IRS and Benghazi at a news conference. (Washington Post)

The crucial ingredient for a scandal is the prospect of high-level White House involvement and wide political repercussions. Government wrongdoing is boring. Scandals can bring down presidents, decide elections and revive down-and-out political parties. Scandals can dominate American politics for months at a time.

On Tuesday, it looked like we had three possible political scandals brewing. Two days later, with much more evidence available, it doesn't look like any of them will pan out. There'll be more hearings, and more bad press for the Obama administration, and more demands for documents. But -- and this is a key qualification -- absent more revelations, the scandals that could reach high don't seem to include any real wrongdoing, whereas the ones that include real wrongdoing don't reach high enough. Let's go through them.

(Photo by Andrew Harrer/Bloomberg)
(Photo by Andrew Harrer/Bloomberg)

1) The Internal Revenue Service: The IRS mess was, well, a mess. But it's not a mess that implicates the White House, or even senior IRS leadership. If we believe the agency inspector general's report, a group of employees in a division called the "Determinations Unit" -- sounds sinister, doesn't it? -- started giving tea party groups extra scrutiny, were told by agency leadership to knock it off, started doing it again, and then were reined in a second time and told that any further changes to the screening criteria needed to be approved at the highest levels of the agency.

The White House fired the acting director of the agency on the theory that somebody had to be fired and he was about the only guy they had the power to fire. They're also instructing the IRS to implement each and every one of the IG's recommendations to make sure this never happens again.

If new information emerges showing a connection between the Determination Unit's decisions and the Obama campaign, or the Obama administration, it would crack this White House wide open. That would be a genuine scandal. But the IG report says that there's no evidence of that. And so it's hard to see where this one goes from here.


The U.S. diplomatic post in Benghazi in flames after the attack of Sept. 11, 2012. (Esam Omran Al-Fetori/Reuters)

2) Benghazi: We're long past the point where it's obvious what the Benghazi scandal is supposed to be about. The inquiry has moved on from the events in Benghazi proper, tragic as they were, to the talking points about the events in Benghazi. And the release Wednesday night of 100 pages of internal e-mails on those talking points seems to show what my colleague Glenn Kessler suspected: This was a bureaucratic knife fight between the State Department and the CIA.

As for the White House's role, well, the e-mails suggest there wasn't much of one. "The internal debate did not include political interference from the White House, according to the e-mails, which were provided to congressional intelligence committees several months ago," report The Washington Post's Scott Wilson and Karen DeYoung. As for why the talking points seemed to blame protesters rather than terrorists for the attack that killed the U.S. ambassador and three other Americans? Well:

According to the e-mails and initial CIA-drafted talking points, the agency believed the attack included a mix of Islamist extremists from Ansar al-Sharia, a group affiliated with al-Qaeda, and angry demonstrators.

White House officials did not challenge that analysis, the e-mails show, nor did they object to its inclusion in the public talking points.

 

But CIA deputy director Michael Morell later removed the reference to Ansar al-Sharia because the assessment was still classified and because FBI officials believed that making the information public could compromise their investigation, said senior administration officials, who spoke on the condition of anonymity to describe the internal debate.

So far, it's hard to see what, exactly, the scandal here is supposed to be.


U.S. Attorney General Eric Holder in the hot seat. (AP Photo)

3) AP/Justice Department:. This is the weirdest of the three. There's no evidence that the DoJ did anything illegal. Most people, in fact, think it was well within its rights to seize the phone records of Associated Press reporters. And if the Obama administration has been overzealous in prosecuting leakers, well, the GOP has been arguing that the White House hasn't taken national security leaks seriously enough. The AP/DoJ fight has caused that position to flip, and now members of Congress are concerned that the DoJ is going after leaks too aggressively. But it's hard for a political party to prosecute wrongdoing when they disagree with the potential remedies.

Insofar as there's a "scandal" here, it's more about what is legal than what isn't. The DoJ simply has extraordinary power, under existing law, to spy on ordinary citizens -- members of the media included. The White House is trying to change existing law by encouraging Sen. Chuck Schumer to reintroduce the Media Shield Act. The Post's Rachel Weiner has a good rundown of what the bill would do. It's likely that the measure's national security exemption would make it relatively toothless in this particular case, but if Congress is worried, they always can -- and probably should -- take that language out. Still, that legislation has been killed by Republicans before, and it's likely to be killed by them again.

The scandal metanarrative itself is also changing. Because there was no actual evidence of presidential involvement in these events, the line for much of this week was that the president was not involved enough in their aftermath. He was "passive." He seemed to be a "bystander." His was being controlled by events, rather than controlling them himself.

That perception, too, seems to be changing. Mike Allen's Playbook, which is ground zero for scandal CW, led Thursday with a squib that says "the West Wing got its mojo back" and is "BACK ON OFFENSE." Yes, the caps are in the original.

The smarter voices on the right are also beginning to counsel caution. "While there’s still more information to be gathered and more investigations to be done, all indications are that these decisions – on the AP, on the IRS, on Benghazi – don’t proceed from [Obama]," wrote Ben Domenech in The Transom, his influential conservative morning newsletter. "The talk of impeachment is absurd. The queries of 'what did the president know and when did he know it' will probably end up finding out “'just about nothing, and right around the time everyone else found out.'”

I want to emphasize: It's always possible that evidence could emerge that vaults one of these issues into true scandal territory. But the trend line so far is clear: The more information we get, the less these actually look like scandals.

And yet, even if the scandals fade, the underlying problems might remain. The IRS. could give its agents better and clearer guidance on designating 501(c)(4), but Congress needs to decide whether that status and all of its benefits should be open to political groups or not. The Media Shield Act is not likely to go anywhere, and even if it does, it doesn't get us anywhere close to grappling with the post-9/11 expansion of the surveillance state. And then, of course, there are all the other problems Congress is ignoring, from high unemployment to sequestration to global warming. When future generations look back on the scandals of our age, it'll be the unchecked rise in global temperatures, not the Benghazi talking points, that infuriate them.

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Sarah Kliff · May 16, 2013