Republican Sen. Chuck Grassley led a bipartisan group of senators in demanding more answers from President Trump about the reasoning behind his abrupt firing of intelligence community Inspector General Michael Atkinson.
“As supporters of the Inspector General community, and as advocates for government transparency and accountability, it is our responsibility to confirm that there are clear, substantial reasons for removal,” Grassley and his colleagues said in a letter to Trump on Wednesday. “To that end, we ask that you provide more detailed reasoning for the removal of Inspector General Atkinson no later than April 13, 2020. Please also provide your views on how the appointment of an acting official prior to the end of the 30 day notice period comports with statutory requirements.”
Trump announced the removal of Atkinson in a letter to Congress on Friday, which critics are concerned was an act of reprisal for his actions in the lead-up to the Ukraine impeachment investigation.
Last year, Atkinson determined a whistleblower complaint from a CIA analyst about a phone call Trump had with Ukraine’s president related to a conspiracy theory about CrowdStrike and an effort to have Ukraine investigate former Vice President Joe Biden to be “urgent” and “credible.” He forwarded the complaint to then-acting Director of National Intelligence Joseph Maguire, who did not give Atkinson permission to share it with Congress but did allow him to notify lawmakers of its existence.
“This is to advise that I am exercising my power as President to remove from office the Inspector General of the Intelligence Community, effective 30 days from today,” Trump announced in his letter. “It is vital that I have the fullest confidence in the appointees serving as inspectors general. That is no longer the case with regard to this inspector general.”
Grassley was joined on Wednesday by Republican Sens. Mitt Romney of Utah and Susan Collins of Maine as well as Democratic Sens. Gary Peters of Michigan, Ron Wyden of Oregon, Mark Warner of Virginia, Jon Tester of Montana, and Dianne Feinstein of California.
“The IC IG and indeed all inspectors general are designed to fulfill a dual role, reporting to both the President and Congress, to secure efficient, robust, and independent agency oversight,” the senators wrote. “To ensure inspectors general are fully capable of performing their critical duties, and in recognition of their importance both to efficient administration and to the legislative function, Congress set clear, statutory notice requirements for their potential removal.”
Grassley and the others emphasized that “current law requires that you inform the Senate and House Intelligence Committees in writing of the reasons for your removal of the IC IG, at least 30 days prior to that removal.” They noted that it appeared that Atkinson “already was placed on administrative leave, effectively removing him from his position prior to the completion of the statutorily required notice period.”
The senators said, “Congressional intent is clear that an expression of lost confidence, without further explanation, is not sufficient to fulfill the requirements of the statute” because Congress intended that inspectors general only be removed when there is “clear evidence of wrongdoing or failure to perform the duties of the office.”
The lawmakers pointed to the Senate Committee Report on the Inspector General Reform Act of 2008, which exists to “ensure that Inspectors General are not removed for political reasons.”
The senators pointed to a similar circumstance in 2009, when President Barack Obama announced the removal of Inspector General Gerald Walpin of the Corporation for National and Community Service in a nearly identical letter to the one from Trump. Senators also pressed Obama for more answers at that time.
The Obama administration claimed Walpin was removed following a board meeting at which the watchdog was “confused” and “disoriented.” Walpin denied these claims, arguing his firing was likely retribution for his tough actions against wasteful spending and his investigation of then-Sacramento Mayor Kevin Johnson, a former NBA player and a friend of Obama. Walpin lost his lawsuit to get his job back in 2010, and he died in 2016.
“By placing the IG on 30 days of administrative leave and naming an acting replacement, the administration has already effectively removed that IG and appears to have circumvented Congress’s role in this process,” Grassley and his colleagues said of Atkinson.
Atkinson addressed the president’s decision to fire him last week in a letter on Sunday, writing that Trump’s loss of confidence in him likely “derives from my having faithfully discharged my legal obligations as an independent and impartial Inspector General.”
During a White House press briefing on Saturday, Trump harshly criticized the watchdog.
“I thought he did a terrible job — absolutely terrible. He took a whistleblower report, which turned out to be a fake report. It was fake. It was totally wrong,” Trump said, adding, “Not a big Trump fan, that I can tell you.”
The president was impeached by the House in December on charges of abuse of power and obstruction of Congress. He was acquitted on both articles of impeachment by the Senate following a trial in February.
“That man is a disgrace to IGs,” Trump said Saturday of Atkinson. “He’s a total disgrace.”
The Justice Department’s Office of Legal Counsel reviewed the whistleblower complaint in the fall and concluded that it was not an “urgent concern” under the Intelligence Community Whistleblower Protection Act of 1998.
Atkinson disagreed, as did dozens of other inspectors general, who signed a letter to the Justice Department supporting his determination.
Trump’s move on Friday was met with backlash from Democrats in Congress. DOJ Inspector General Michael Horowitz vowed that “aggressive, independent oversight” will persist in a statement praising Atkinson.
House Intelligence Committee Chairman Adam Schiff claimed Trump’s remarks proved his firing of Atkinson was “politically motivated reprisal.” The California Democrat asked acting Director of National Intelligence Richard Grenell for a “written certification” that ODNI officials “will not permit retaliation or reprisals” against whistleblowers.
Trump selected National Geospatial-Intelligence Agency general counsel and retired Air Force Col. Thomas Monheim to be the acting intelligence community inspector general after firing Atkinson.
“We are honored to have such an incredibly qualified expert,” Grenell said of Monheim.
