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Lack of transparency in impeachment inquiry does a disservice

Originally published in the Orlando Sentinel on Oct. 26, 2019

On Wednesday, I joined dozens of House Republicans demanding transparency from Speaker Nancy Pelosi and House Intelligence Committee Chairman Adam Schiff in the ongoing impeachment proceedings.

The next day, the Sentinel published an editorial that was critical of my decision to speak in defense of fundamental American rights and principles: transparency, due process and the rule of law.As a Green Beret, I fought for these rights overseas. As a candidate for Congress, I promised that I would I fight for the people of Florida in Congress, just like I fought for them on the battlefield.

And now that I’m in Congress, I’m doing just that.

While it’s disappointing to me that the Sentinel Editorial Board would characterize this event as a “stunt,” I believe in fighting for our rights and the rule of law — and I also believe in doing what’s necessary to call the media’s attention to what is going on in Washington.

This was no stunt. This wasn’t about defending the president. The event on Wednesday was about defending fundamental rights for the accused, the unnecessary use of secure facilities and the total disregard for bipartisanship previously set in the only two modern impeachment hearings in our history.

In both the Nixon and Clinton impeachment investigations, the House developed the rules of impeachment and voted on them.

In both the Nixon and Clinton proceedings, the accused had counsel present, a fundamental right which should certainly be afforded to the executive branch. Further, both sides, Republican and Democrat, were able to call witnesses.

I cannot imagine any situation in America where the accused cannot have counsel and call their own witnesses. I have fought in countries around the world where these basic elements of due process are allowed. Unfortunately, Congressman Schiff and Speaker Pelosi are not allowing them.

Why are we not following historic and bipartisan precedent set by both Democratic and Republican Speakers of the House in 1974 and 1998? Why aren’t members of Congress allowed to debate the rules of these proceedings and go on record to vote on them? Why aren’t we following basic elements of jurisprudence by allowing the accused to have counsel and call their own witnesses?

The secrecy of this process has created more questions at every turn. Before each witness session, the classification level of hearings is declared in committee. Every testimony thus far has been announced as “unclassified.”

If the testimony is unclassified, why is it necessary to hold interviews in a secure space? And if it is unclassified information, why can’t members have access to it?

These are questions I hoped the media — including the Sentinel — would ask.

These questions need answers — and it is only fair to the nearly one million Floridians I represent that I demand them.

This is why I’ve been requesting for weeks — both formally and informally — to have access to witness testimony. Yet over three weeks later, I still do not have access to these transcripts, while members of the media continue to receive this important information through a faucet of selective leaks.

Ironically, there seems to be little criticism and outrage over these one-sided leaks to the media, who seemingly know more about the impeachment proceedings than I and most other members of Congress expected to vote on impeachment do. So yes, I walked into a secure SCIF after my cellphone had been secured, where unclassified information was being discussed and demanded access to that which many Congress members have been unreasonably denied under rules that have not been established.

Had this Editorial Board bothered to reach out to me (which it did not), I would have gladly explained the above and more. I spoke to many media outlets after the press conference outside the SCIF — including NPR — and am always happy to take their calls.

This publication speaks to nearly 2.5 million Floridians in the Orlando area, many of whom are demanding the same things I am. All of them deserve complete openness in this process.

Veterans like myself fought for the very values that this paper and every journalist reveres: transparency, fairness and due process.

I would sincerely encourage the Sentinel Editorial Board to join me and do the same.

https://www.orlandosentinel.com/opinion/guest-commentary/os-op-michael-waltz-congressman-editorial-response-20191026-ftzbx7y6szg5jbkfm37phevjda-story.html