Doug Bandow: It’s time to plug congressional security holes on Capitol Hill

Published May 29, 2007 4:00am ET



Congress long has leaked like a proverbial sieve. That’s not always a bad thing. But it’s time to apply the same security standards to legislators and their staffs as to other federal employees.

The poster child for reform is Rep. William Jefferson, D- La., who in 2006 was discovered with $90,000 in his freezer. Perhaps he simply doesn’t believe in banks. House Speaker Nancy Pelosi, D-Calif., was more suspicious and removed Jefferson from the Ways and Means Committee. She then placed him on the Homeland Security Committee.

Jefferson is a Democrat, but the problem is institutional, not partisan. Neither party has a monopoly on bad legislators. For instance, the Democrats also have Rep. Alcee Hastings, D-Fla., who was removed from his federal judgeship in 1989 by a Democratic Congress over bribery allegations, which he beat in court. Pelosi denied Hastings the chairmanship of the House Permanent Select Intelligence Committee, but he remains a member.

The GOP suffered a sleaze epidemic last session, with Rep. Randy “Duke” Cunningham, R-Calif., and Rep. Bob Ney, R-Ohio, going to jail for corruption. Personal scandal enveloped Rep. Mark Foley, R-Fla., who dabbled with young male pages, and Rep. Don Sherwood, who was sued for allegedly beating his mistress. Now Rep. John Doolittle, R-Calif., and Rep. Rick Renzi, R-Ariz., have come under fire.

Financial venality and sexual cupidity obviously do not equate to treason. However, someone willing to sell out his office might be willing to sell out his country. Someone with little personal self-control might not be best entrusted with the nation’s secrets. He or she also might be vulnerable to blackmail.

Equally important is the question of ideology. The point is decidedly not that being a liberal or opposing the Iraq war makes one unpatriotic. Extremists on the right also can wish America ill. However, consider Rep. Ron Dellums, the California Democrat who lost the House Armed Services Committee chairmanship when the GOP took control of Congress in 1994.

In 1982, Dellums traveled to Grenada, then reported back to Congress on his “findings,” a draft of which he first sent to Grenadan (and communist) Prime Minister Maurice Bishop for review. The American invasion brought to light a letter from Dellums’ chief of staff to Bishop declaring that: “Ron has become truly committed to Grenada, and has some positive political thinking to share with you. … He’s really hooked on you and Grenada and doesn’t want anything to happen to building the Revolution and making it strong. He really admires you as a person and even more so as a leader with courage and foresight, principles and integrity. … The only other person that I know of that he expresses such admiration for is Fidel.”

Staffers on critical committees who handle sensitive material are investigated and provided with security clearances. Members of Congress are not. Nor are members of their personal staffs. The result is a huge security hole on Capitol Hill.

Having received no special scrutiny to win access to sensitive material, legislators may treat such information too casually. Staffers report that representatives of foreign powers sometimes troll for classified information in congressional in-boxes.

The Committees on Homeland Security, Armed Services, Foreign Affairs/Foreign Relations, and Intelligence regularly deal with sensitive matters. Even largely mundane committees sometimes have a subcommittee dealing with sensitive matters. Should William Jefferson or Alcee Hastings serve on such sensitive bodies?

Voters can elect whomever they want. Legislators can choose whomever they want for committee membership. But security investigations should be standard for members of Congress and their staffers.

Although concerns over separation of powers might limit executive branch prerogatives, Congress could order such investigations. Formal clearances could be required for legislative leaders and their top staffers, members and as well as staffers working on sensitive panels, and top personal staffers in the offices of such members.

Moreover, all members, who, after all, will be voting on national security matters and seeing sensitive documents, as well as their senior staff should receive at least a superficial security review. Certainly all offices should be briefed on security procedures and provided with safes.

Ultimately, legislators would continue to decide what member served on what committee and what staffers served what members. But access to classified material would require clearance from independent investigators.

The problem runs beyond just one corrupt congressman. Capitol Hill might always leak, but it should take its security responsibilities more seriously.

Doug Bandow is vice president of policy for Citizen Outreach and the author of “Foreign Follies: America’s New Global Empire.”