Congressional Investigations — Parks, Presidents and Parks

History of Congressional Investigations

Although the Constitution does not explicitly empower Congress to perform investigations, it is implied in our system of checks and balances between governmental branches. Investigations both allow Congress to make better laws, and to provide a check on the power of the Executive Branch.

President Washington and the Northwest Territories

The United States military is defeated in an attack with casualties. Congress investigates. The President invokes Executive Privilege denying access to documents. Pearl Harbor? Vietnam? Iraq? Benghazi? No, it is our first Congress investigating our first President, George Washington.

In 1791, General St. Clair led a force of about 1,500 men to defeat Native Americans resisting settlements in Ohio. The Native Americans routed the U.S. forces inflicting heavy losses. This victory was the greatest ever achieved by Native Americans against the United States. Congress created a committee to investigate the defeat. President Washington initially was concerned about Congress’s document requests. Eventually, his cabinet recommended that he release papers where: “public good would permit and ought to refuse those the disclosure of which would harm the public.”

The Committee’s results were controversial. The report exonerated the officers and soldiers while blaming poor and shoddy equipment provided by the War Department. Military contractors were also blamed. Secretary of War, Henry Knox, who was responsible for equipping the army, immediately attacked the committee report as one-sided and that it was leaked to the press to harm his reputation. He provided a rebuttal. General St. Clair, wanting to avoid blame for the defeat, issued a counter-rebuttal to Henry Knox. Political fights have been with us since the start.

President Lincoln and the Civil War

Four score years later, the Civil War is going poorly for the Union. Congress decides to investigate. The ‘Joint Committee on the Conduct of the War’ held hearings throughout the conflict. Generals, politicians, and military contractors were among those who testified before the committee. The proceedings were exercises to point fingers at who to blame for defeats. The committee produced over 5,000 pages of reports, but nothing changed. Lincoln continued to pursue the war aggressively until final victory.

Monopolies

Some committees do result in specific actions or legislation. Railroad monopolies were an increasing concern in the 1880s. With only a single rail line running through many towns, railroads had significant pricing power. Congress formed a ‘Select Committee to investigate Interstate Commerce.’ The committee hearings led to the passage of the Interstate Commerce Act, creating the first Federal Regulatory Agency, the Interstate Commerce Commission. Railroads became the first industry subject to Federal Regulation as the Act's provisions stipulated that railroad rates be ‘reasonable and just.’.

Titanic

You might wonder why Congress would investigate the sinking of the Titanic. After all, it was a British ship produced and managed under British regulations with a minority of American passengers. Nonetheless, Congress performed an investigation. The Chairman of the Committee, William Alden Smith, aggressively questioned survivors and crew. The British objected to the Committee’s investigation. Even so, legislation improving marine safety and radio communications passed as a result of this Commission.

Teapot Dome

In 1922, members of President Harding’s administration corruptly leased oil fields in what became known as the ‘Teapot Dome’ scandal (the oil field resembled a teapot). There is no evidence that President Harding was involved personally in the scandal. He died in office before the investigation started, but he was aware of the problem stating: "I have no trouble with my enemies, I can take care of them. It is my...friends that are giving me trouble." The investigation took years and included the appointment of a special counsel. Eventually, several people went to prison. The scandal led to two Supreme Court rulings supporting Congressional inquests: one held that Congress can compel witnesses to testify, and the second held that a witness who lies before Congress can be convicted of perjury.

Truman Committee

During World War II, Senator Harry Truman led a special committee formed to investigate defense spending. One of the most successful committees in our history, its reports had bipartisan support. The committee identified billions of dollars in savings and found many improvements in munitions production and quality. Truman’s successful leadership was a factor in Roosevelt selecting him for Vice President in 1944, leading to Truman’s eventual Presidency.

Church Committee

The Church Committee, chaired by Senator Frank Church of Idaho, was founded in 1975 to investigate illegal domestic spying on Americans by the Central Intelligence Agency (CIA), Federal Bureau of Investigation (FBI), and National Security Agency (NSA). The committee found many abuses including, for example, the FBI surveillance of Martin Luther King, Jr. Congress established the Foreign Intelligence Surveillance (FISA) Court based on this committee’s recommendation. In addition, the Committee’s work led to a still-in-force Executive Order banning political assassinations: “No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination.” Voters did not reward Church for his efforts; he lost his 1980 re-election bid.

Conclusion

More recent Congressional committees investigated the Iran-Contra affair (President Reagan), the Whitewater affair (President Clinton), and the Benghazi incident (Secretary of State Hillary Clinton). These were highly politicized hearings with little legislative or policy changes resulting. While some inquests have resulted in policy and legislative changes, others are exercises in political warfare. The current hearings in the House are focused on politics, nothing else.