The Corner

Re: Subject: President Issues Preservation Order for Intelligence on Fort Hood Shooting

Rich, not that I’m a cynic or anything, but the sentence about the criminal investigations — “This inventory and review shall be conducted in a manner that does not interfere with the ongoing criminal investigations of the Fort Hood shooting” — is a loophole you could drive a truck through. 

Typically, the Justice Department declines to cooperate with Congress in an ongoing investigation/prosecution on the grounds that (a) the documentary evidence is covered by grand-jury secrecy laws, and (b) making witnesses available to Congressional interviews and testimony would generate impeachment material that could be used by defense lawyers at the eventual trial, making the witnesses less effective.  Generally, Congress backs down because they don’t want to be seen — especially in an important case — as interfering with the prosecution or doing anything that could result in Congress being blamed if the guy gets acquitted.

I hope Pete Hoekstra stays on this — and knowing him, I’m confident he will.  But I would not hold my breath waiting for lots of disclosure from the Transparent Administration.

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