You say you just got a subpoena from House Energy and Commerce Committee Chairman Henry Waxman, the California Democrat who is boiling mad because companies like yours are complying with the law’s post-Enron accounting standards by projecting the negative impact on your future earnings.
Not to worry, says Jed Babbin, defense expert, lawyer, former Pentagon official, and conservative journalist.
“The hearing will be a nasty show trial. It is intended to vilify, not find fact: to shift the blame from congress to the industry executives who are trying to do their jobs in accordance with the law,” Babbin writes in a must-read post on BigGovernment.com.
“I know. I’ve been before the same committee three times, twice advising and accompanying principal witnesses and once as a witness myself, as a Defense Department official under House subpoena.
“These hearings will be run with the same playbook. But the CEOs shouldn’t play by the standard industry rules: if they play hardball, they’ll come out unscathed.”
What? You mean the executives shouldn’t do what business types almost always do when called before Congress by some congressman looking to score some headlines? That’s exactly what Babbin means and he’s got a strategy for the alternative approach he recommends, too:
“It’s in two parts. First, attack the Dems’ strategy in every answer. Avoid using the freighted words the Dems will use. Don’t say, ‘We didn’t manipulate accounting.’ Say, instead, ‘We are following the law to the letter. We didn’t vote for it.’
“Second, say, and keep saying, ‘We didn’t create this situation. The 219 House members who voted for this bill are responsible.’ Have in your hand the list of congressmen who voted for the Senate bill. Begin every answer with, ‘I note, sir, that you voted (or didn’t vote) for the bill which causes these problems.’
“Afterward, don’t run from the hearing room. Hold your own press conference in the hall outside and stay on the offensive. Only audacity will win the healthcare political war, and that’s all this hearing is about,” Babbin said.
Babbin is a smart guy. Go here to read the rest of his post.
