Politico reports that Speaker Paul Ryan (R., Wis.) has given the go-ahead to House Oversight Committee chairman Jason Chaffetz (R., Utah) to investigate the lack of executive branch compliance with the recordkeeping and records-production provisions of the Federal Records Act (FRA) and Freedom of Information Act (FOIA). The investigation would include — though purportedly not center on — violations caused by former secretary of state Hillary Clinton’s maintenance of a private e-mail system that resulted in massive misplacement (and likely destruction) of government records, as well as the State Department’s willful flouting of FOIA production requirements.
The Chaffetz gambit could seriously interfere with the FBI’s ongoing investigation of the Clinton homebrew-server arrangement, which appears to have resulted in serious violations of laws protecting classified information. From a legal standpoint, that would make the congressional probe pointlessly problematic. Politically, it would be an astonishing unforced error by Republican leadership.
Ryan and House Majority Leader Kevin McCarthy are apparently telling Chaffetz all the right things about the need to proceed cautiously and stay out of the FBI’s way. But what they should be telling him is, “No, now is not the time.”
No one should know this better than Representative McCarthy. He would have Ryan’s job today if a monumental gaffe had not doomed his speakership bid: his brag that the House Benghazi Committee investigation had succeeded in damaging Mrs. Clinton’s presidential campaign. This gifted the Clinton campaign with the powerful claim that the Benghazi investigation is nothing more than a partisan witch hunt — a talking-point Mrs. Clinton repeats, and the press dutifully echoes, whenever damaging evidence of her derelictions arises.