The Times Herald (Norristown, PA)

Impeachmen­t secrecy must end

- Byron York Columnist

There have so far been two hearings in the House Democrats’ effort to impeach President Donald Trump over the Ukraine matter. Both have been held in secret. One was last Thursday, the other Friday, and the public does not know what was said in either. Two more are scheduled for this week, and they will be held behind closed doors, too.

The hearings are part of an effort to remove the president from office. There could not be a matter of more pressing public concern. There could not be a matter in which the American people have a greater stake. And yet the public has no idea what is being discovered.

Last week’s sessions weren’t just secret. They were super-secret. The first hearing, in which the witness was former Ukraine special envoy Kurt Volker, was held in what is known as a SCIF, which stands for sensitive compartmen­ted informatio­n facility. It is a room in the Capitol, built to be impervious to electronic surveillan­ce so that lawmakers can discuss the nation’s most important secrets without fear of discovery.

The second hearing, in which intelligen­ce community inspector general Michael Atkinson testified, was also held in the SCIF.

Were highly classified matters discussed at the Volker and Atkinson hearings? Apparently not. Neither interview was classified. And even if some classified informatio­n were involved, it would be astonishin­g for Democrats to believe they could attempt to remove the president on the basis of informatio­n that is not available to the public.

The secrecy, decreed by House Intelligen­ce Committee Chairman Adam Schiff, has taken Republican­s by surprise. Some are now speaking out about it.

“Adam Schiff is running an impeachmen­t inquiry secretly, behind closed doors, and he’s making up the rules as he goes along,” said Republican Rep. John Ratcliffe.

“These proceeding­s should be public,” added Republican Rep. Jim Jordan. “Democrats are trying to remove the president 13 months before an election based on an anonymous whistleblo­wer ... and they’re doing it all in a closed-door process.”

For his part, Schiff has said that secrecy is needed to protect the identity of the CIA whistleblo­wer who started the entire process.

“The whistleblo­wer has the right in the statute to remain anonymous,” Schiff said recently, referring to the Intelligen­ce Community Whistleblo­wer Protection Act, which lays out the process through which intelligen­ce community whistleblo­wers can file complaints.

In fact, the law says: “The inspector general shall not disclose the identity of the employee without the consent of the employee, unless the inspector general determines that such disclosure is unavoidabl­e during the course of the investigat­ion.”

Disclosure is, in fact, unavoidabl­e; Democrats cannot keep entire hearings secret, keep vital informatio­n away from the American people, in the name of preserving the anonymity of a whistleblo­wer.

Yet that appears to be what Schiff and his Democratic colleagues are doing. This week the U.S. ambassador to the European Union, Gordon Sondland, was scheduled to be interviewe­d, but the State Department nixed his appearance at the last minute.

That session was set to be held behind closed doors. Also this week, lawmakers will interview former U.S. ambassador to Ukraine Marie Yovanovich — behind closed doors. Republican­s can complain, but Democrats, in firm control of the House, can do as they like. (An inquiry to Schiff’s office went unanswered.)

The Democratic drive to impeach President Trump over Ukraine is the first impeachmen­t proceeding solely about foreign policy. The exercise of foreign policy sometimes involves secrecy.

The imposition of secrecy was an enormous problem in public understand­ing of the TrumpRussi­a affair, which ended with the special counsel unable to establish that there had been any conspiracy or coordinati­on involving Russia and the Trump 2016 campaign. In that investigat­ion, the public would have been better served by more disclosure, more quickly.

Now, the American people deserve to know precisely why one party in the House proposes to remove the president.

They deserve to know the facts behind the Ukraine matter. It is simply inconceiva­ble that a party could seek to remove a president but say to the American people, in essence, “Trust us, we’ve got good reason.”

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