It’s not improper political interference for the chief executive to direct that evidence of executive-branch misconduct be probed.
On Sunday, President Trump tweeted a “demand” that the Justice Department investigate political spying in the 2016 campaign. This replays the political-spying controversy that surfaced in late February. Right now, the issue involves the Obama administration’s use of at least one confidential informant — a spy — to snoop into the opposition party’s presidential campaign; back in February, the issue was the Obama administration’s electronic surveillance — by FISA eavesdropping warrants — for the same purpose.
Just as he did last time, Attorney General Jeff Sessions responded to the president’s agitation by referring the political-spying issue to Inspector General Michael Horowitz. This was the right thing — or, at least, a right thing — to do. Our editorial regarding the previous case explained the guiding principles:
When there are allegations of wrongdoing by Justice Department or FBI officials, federal law and Justice Department protocols require an internal investigation by the units that exist for that purpose — the Office of the Inspector General or the Office of Professional Responsibility.
Sessions was correct to comply with these standards. Arguably, a referral to OPR, rather than the IG, may be warranted. Under federal law, OPR has jurisdiction over allegations of misconduct involving “the exercise of authority to investigate, litigate, or provide legal advice.” There is no doubt, though, that evidence of official malfeasance must be referred to one of these offices. Given that OPR reports directly to the attorney general, while the IG reports to both the attorney general and Congress, Sessions may well have calculated that the IG referral would have more credibility.
These same principles apply now, in the wake of last week’s disclosure that the FBI, under circumstances that remain obscure, used a longtime CIA informant to establish ties with and pry information from three Trump campaign officials, beginning in July 2016.
To elaborate, the president’s Sunday tweet demanded that the Justice Department “look into whether or not the FBI/DOJ infiltrated or surveilled the Trump Campaign for Political Purposes,” including whether such monitoring was pushed by “people within the Obama administration!” Trump vowed to follow up this tweet with a more formal directive today.