A leading independent watchdog in the federal government defended Michael Atkinson, the intelligence community inspector general who told Congress about a whistleblower complaint that sparked an impeachment investigation, after President Trump fired him late Friday.
Michael Horowitz, the Justice Department inspector general whose work in uncovering impropriety by law enforcement officials has been championed by allies of the president, particularly his investigations into alleged surveillance abuses, also vowed that “aggressive, independent oversight” would continue unabated.
Trump notified Congress late Friday he was exercising his power to remove Atkinson from the inspector general role, effective in 30 days, because he “no longer” had the fullest confidence in him. The president said he would submit a replacement “who has my full confidence and who meets the appropriate qualifications” at a later date.
Democratic leaders immediately raised the alarm.
House Intelligence Committee Chairman Adam Schiff condemned Trump’s “dead of night decision” to fire Atkinson, warning it was “another blatant attempt to gut the independence of the Intelligence Community and retaliate against those who dare to expose presidential wrongdoing.”
Horowitz, who is the chairman of the Council of the Inspectors General on Integrity and Efficiency, released a statement saying Atkinson was well-respected among his peers, including his handling of a whistleblower complaint in the impeachment saga.
“Inspector General Atkinson is known throughout the Inspector General community for his integrity, professionalism, and commitment to the rule of law and independent oversight,”‘ Horowitz said. “That includes his actions in handling the Ukraine whistleblower complaint, which the then Acting Director of National Intelligence stated in congressional testimony was done ‘by the book’ and consistent with the law.”
Last year, Atkinson determined a whistleblower complaint from a CIA analyst about a phone call Trump had with Ukraine’s president, in which he pushed for investigations into political rivals, to be “urgent” and “credible.” The inspector general forwarded the complaint to then-acting Director of National Intelligence Joseph Maguire, who did not give Atkinson permission to share it with Congress after seeking guidance from the White House and Justice Department, but did allow him to notify them of its existence.
The Justice Department’s Office of Legal Counsel reviewed the whistleblower complaint in the fall and concluded that it was not an “urgent concern” under the Intelligence Community Whistleblower Protection Act of 1998 because it wasn’t related to “the funding, administration, or operation of an intelligence activity” under the authority of the Director of National Intelligence.
Atkinson disagreed, as did Horowitz and dozens of other inspectors general, who signed a letter to the Justice Department supporting Atkinson’s determination and urging the agency to reconsider.
“We agree with the ICIG that the OLC opinion creates a chilling effect on effective oversight and is wrong as a matter of law and policy,” Horowitz and his colleagues wrote. “We also share the ICIG’s concern that the OLC opinion could seriously impair whistleblowing and deter individuals in the intelligence community and throughout the government from reporting government waste, fraud, abuse, and misconduct.”
Trump, who repeatedly expressed frustration with Atkinson’s conduct during the episode, was impeached by the House in December on charges of abuse of power and obstruction of Congress. He was acquitted on both articles of impeachment by the Senate following a trial in February.
Some Republicans in Congress had their reservations about Atkinson, who worked in the Justice Department before becoming inspector general of the intelligence community in 2018.
“Intelligence Committee Republicans have repeatedly stated our concerns about the abnormalities in Atkinson’s handling of the Ukraine whistleblower complaint, and during our investigation, he failed to alleviate any of those concerns,” Rep. Devin Nunes, the ranking member of the House Intelligence Committee, said in a statement.
Sen. Chuck Grassley, an Iowa Republican who is chairman of the Finance Committee, demanded the Trump administration provide more of an explanation for why Atkinson was removed.
“Congress has been crystal clear that written reasons must be given when IGs are removed for a lack of confidence. More details are needed from the administration,” he said.
Senate Intelligence Committee Chairman Richard Burr thanked Atkinson for his work, but appeared to accept Trump’s reasoning for letting him go.
“Over the last two years, he turned the Office of the ICIG around, restoring an important organization. I’ve appreciated his professionalism and responsiveness when working with the Senate Intelligence Committee on a wide range of issues and I wish him the best,” Burr said of Atkinson in a statement Saturday morning. “Like any political appointee, the Inspector General serves at the behest of the Executive. However, in order to be effective, the IG must be allowed to conduct his or her work independent of internal or external pressure.”
The North Carolina Republican added that “it is my hope the next nominee for the role of ICIG will uphold the same important standards laid out by Congress when we created this role.”
Soon after, the Office of the Director of National Intelligence announced Thomas Monheim, a career intelligence professional and retired colonel from the U.S. Air Force Reserves, had been named acting inspector general of the spy community.
Both Schiff and House Speaker Nancy Pelosi raised national security concerns after Trump moved to oust Atkinson, amplified by the coronavirus crisis. “The president must immediately cease his attacks on those who sacrifice to keep America safe, particularly during this time of national emergency,” Pelosi said.
In the face of warnings about political retribution, Horowitz’s statement left an assurance that inspectors general will not be intimidated by outside pressure, including when overseeing the implementation of a massive economic relief package meant to help workers and businesses struggling because of the pandemic.
“The Inspector General Community will continue to conduct aggressive, independent oversight of the agencies that we oversee,” Horowitz said. “This includes CIGIE’s Pandemic Response Accountability Committee and its efforts on behalf of American taxpayers, families, businesses, patients, and health care providers to ensure that over $2 trillion dollars in emergency federal spending is being used consistently with the law’s mandate.”
