Investigations

Investigations:

Whose job is it to make sure a potential President is on the level? We've talked briefly about the Berg lawsuit, and how it is likely to be dismissed on standing grounds -- yes, you're an American citizen who has a Kenyan birth certificate for Obama, and yes he has not produced a birth certificate in Hawaii; but forgeries are common in Africa, Hawaii says it's good enough, and anyway you're just some guy. What right do you have to challenge him in court to produce the documents?

Well, actually, that's a very good question. It turns out that there is no one with the duty to require that a given candidate for President prove he meets the Constitutional requirements. These can both be met by a birth certificate, but oddly there just isn't a national office in charge of demanding that certificate. If you want a job as an FBI agent, you'll need to produce your birth certificate, any college transcripts, and a huge host of financial and personal documents to prove you are entitled to the TOP SECRET clearance associated with the position; but there is no similar requirement for elected office. Congressmen get a SECRET clearance just because they are elected; and the President gets everything, whether or not he could qualify for such a clearance through the normal channels. (Sen. McCain could, and probably has held one in his decades-long military career; Gov. Palin actually has. Sen. Obama could not possibly qualify for a security clearance according to this article, which accords with my own experience.)

Yet we don't insist on security clerances for elected officials, and for a very good reason: that would be giving the bureaucracy a greater power than the Constitution imagines for it. If the FBI or the DOD has the power to define who is allowed to run for an office, they and not the People are the real decision makers about who will lead this nation's Executive branch. Yet they are meant to be subordinate to the Executive appointed by the People, not the commanders.

So whose job is it? Ours, the People: but, as we began with, a given PERSON doesn't have standing to challenge a candidate in court.

That's unsustainable. If you have the duty, you must also have the powers and tools to pursue that duty. Yet this isn't the only power we lack: we lack resources, and many of us don't have the investigative background.

As a work-around, we have normally conceeded this duty to the media.

How is that working out this time?

Obama has released just one brief document detailing his personal health. McCain, on the other hands, released what he said was his complete medical file totaling more than 1500 pages. After criticism on the matter, last week the Obama campaign also released some routine lab-test results and electrocardiograms for Obama. All test results appeared normal, but many details about his health remain a mystery.

Obama has refused to offer his official papers as a state legislator in Illinois, and has been unable to produce correspondence, such as letters from lobbyists and other correspondence from his days in the Illinois state senate. There are also no appointment calendars available of his official activities. “It could have been thrown out,” Obama said while on the campaign trail during the Democratic primary. “I haven’t been in the state Senate now for quite some time.”

Obama has not released his client list as an attorney or his billing records. Obama has maintained that he only performed a few hours of legal work for a nonprofit organization with ties to Tony Rezko, the Chicago businessman convicted of fraud in June. But he has not released billing records that would prove this assertion.

Obama won’t release his college records from Occidental College where he studied for two years before transferring to Columbia.

Obama’s campaign refuses to give Columbia University, where he earned an undergraduate degree in political science, permission to release his transcripts. Such transcripts would list the courses Obama took, and his grades. President George W. Bush, and presidential contenders Al Gore and John Kerry, all released their college transcripts. (McCain has refused to release his Naval Academy transcript.)

Obama’s college dissertation has simply disappeared from Columbia Universities archives. In July, in response to a flurry of requests to review Obama’s senior thesis at the Ivy League school, reportedly titled “Soviet Nuclear Disarmament,” Obama spokesman Ben LaBolt told NBC News “We do not have a copy of the course paper you requested and neither does Columbia University.”

The senator has not agreed to the release of his application to the Illinois state bar, which would clear up intermittent allegations that his application to the bar may have been inaccurate.

Jim Geraghty of the National Review has written extensively about Obama’s unwillingness to release records related to clients he represented while he was an attorney with the Chicago law firm of Davis, Miner, Barnhill, and Gallard. Obama was required to list his clients during his years in the Illinois senate. “Obama listed every client of the firm,” Geraghty reported, making it impossible to discern which clients he represented.

Obama has never released records from his time at Harvard Law School.

Obama also has not disclosed the names of small donors giving $200 or less to his campaign. An exception to the finance-reporting laws exempts the campaign from reporting those who donate less than $200, but that law never envisioned the more than $300 million that has been raised by Obama in small amounts. The Republican National Committee has released its small donors, as well as McCain’s, on a public database.
This guy has a bit to say on the subject. The market has a little bit more to say about it.

Yet it remains an unanswered question. Who has the right? Who has the duty? Who has the tools?

UPDATE: I see tonight that the Berg lawsuit was dismissed, as expected, on the grounds that he doesn't have the standing to demand Obama's records. OK: but who does?

The answer may not be "Any citizen." Yet, by the same token, neither can it be "Nobody."

No comments: