This proposed select committee could then resume proceedings after the election to examine whether such an extra-constitutional system is justified.
The Church Committee offers a template. Senior members of both parties should convene hearings by first requesting, or if necessary, subpoenaing, the documents themselves. Those from previous administrations familiar with these documents should be called to testify, as well as current officials, including the national security adviser, the attorney general and the White House counsel.
The most obvious first question is why these far-reaching powers are kept secret, not only from Congress but also from the American people. The second question is why they are necessary at all. And ultimately, should not there be permanent congressional oversight of any suggestion for calling these powers into operation? Under what dire conditions should our system of checks and balances among the executive, legislative and judicial branches be abandoned in favor of a dictatorship? And once a dictatorship is declared, what would be required to return us to our historic democratic system of government?
Clearly, in either house of Congress, a standing committee could be authorized to conduct these hearings and investigations. But a select committee signals special attention, singular focus and a dedicated mission not distracted by other duties.
We are not living in ordinary political times. Great temptations are offered to a president faced with defeat to declare a national emergency, for dangers at home or abroad capable of manufacture, and thus have unchecked access to dozens of extreme powers unknown to our founders or our Constitution.
Some dismiss such concerns as improbable. But much that has transpired in the past three and a half years has seemed improbable, until it happened. Why doubt the intentions of a president who said in the White House briefing room in April, “when somebody is the president of the United States, the authority is total, and that’s the way it’s got to be”?
Surely, regardless of party or candidate preference, we can all agree there is no justification for a president to have dictatorial powers kept secret from Congress, the press and the American people.
Gary Hart is a former Democratic senator from Colorado, a former presidential candidate, and is a founder of Keep Our Republic.