What is the background?
House Judiciary Committee Chairman Jim Jordan announced last Friday an investigation into President Joe Biden's alleged "mishandling" of classified documents.
The investigation will focus on "conducting oversight of the Justice Department’s actions" regarding the discovery of the classified documents. Jordan wrote in a letter to Attorney General Merrick Garland:
It is unclear when the Department first came to learn about the existence of these documents, and whether it actively concealed this information from the public on the eve of the 2022 elections. ... It is also unclear what interactions, if any, the Department had with President Biden or his representatives about his mishandling of classified material. The Department’s actions here appear to depart from how it acted in similar circumstances.
What did McCabe say?
Speaking with Anderson Cooper on CNN, McCabe said that Garland should not cooperate with congressional oversight.
"I certainly would advise them, if they were willing to listen to my advice, I would advise them to take a very hard line against that," McCabe said of cooperating with congressional oversight.
"There is a clear precedent here of not sharing information, from an ongoing criminal investigation, with Congress. And I think the DOJ is in a very strong position to resist on those grounds," he continued. "Who knows what comes of that resistance? Maybe DOJ leadership starts getting subpoenaed. And ultimately, that fight will end up in the courts. And that could drag things out."
Ironically, what McCabe said is the exact reason why Sen. Ron Johnson (R-Wis.) admitted he is "not a fan" of special counsel investigations.
"I think the way we handle these investigations of wrongdoing — I'll call it that — in the political realm is we just do it completely backwards. I think Congress ought to be able to have access to all the information — do their oversight," Johnson said Sunday on "Meet the Press."
"If there is evidence of wrongdoing, then we should refer that to the Justice Department. Then the investigation should take place," he explained. "What happens nowadays is the investigation begins, Congress never gets access to the information, and as a result, the American public never understands the truth of these situations."
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