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During Barack Obama's presidency (2009-2017), his administration faced several controversies and scandals. While "scandal" is a subjective term and can often be politicized, here are 10 of the most widely discussed or criticized events from his two terms:
1. Fast and Furious (2006–2011)
Issue: This was a gun-running operation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in which firearms were sold to straw purchasers (individuals who buy weapons for others, often for criminals) with the hope of tracing them to Mexican drug cartels. The operation failed, and many of the weapons ended up being used in violent crimes, including the killing of a U.S. Border Patrol agent, Brian Terry, in 2010.
Controversy: Critics argued that the Obama administration either didn’t properly oversee the operation or covered up its failures. The House of Representatives voted to hold Attorney General Eric Holder in contempt of Congress for not providing documents related to the operation.
Prosecutor: No independent prosecutor was appointed, though there were congressional investigations. Holder’s handling of the issue was heavily criticized.
2. Benghazi Attack (2012)
Issue: On September 11, 2012, a U.S. consulate in Benghazi, Libya, was attacked by militants, killing four Americans, including U.S. Ambassador Chris Stevens. The Obama administration faced criticism for how it handled the attack, including its response to requests for increased security at the consulate and its initial public explanations of the attack.
Controversy: Critics, particularly Republicans, accused the administration of failing to protect U.S. diplomats and misleading the public about the nature of the attack, initially calling it a "spontaneous protest" rather than a planned terrorist attack.
Prosecutor: Multiple investigations were launched, including a high-profile House Select Committee on Benghazi, but no independent prosecutor was appointed. The investigations cleared Hillary Clinton of wrongdoing, though her actions as Secretary of State were debated.
3. IRS Targeting Scandal (2013)
Issue: The Internal Revenue Service (IRS) was accused of unfairly targeting conservative groups applying for tax-exempt status during the 2012 election cycle. These groups claimed they were subjected to extra scrutiny due to their political beliefs, which raised concerns about politicization within the IRS.
Controversy: Critics of the administration saw this as a political maneuver to suppress conservative political activity. The IRS apologized, but the scandal tarnished its reputation.
Prosecutor: There was no independent prosecutor, but the Treasury Department's Inspector General and Congressional hearings investigated the matter. Several IRS employees were disciplined, but no high-level officials were charged with wrongdoing.
4. The NSA Surveillance Scandal (2013)
Issue: In 2013, former NSA contractor Edward Snowden revealed that the National Security Agency had been collecting massive amounts of data on American citizens, including phone records and internet communications, without proper oversight or public disclosure. This sparked a major debate about privacy, civil liberties, and government surveillance.
Controversy: Many critics of the Obama administration argued that it had violated the Fourth Amendment and had overreached in its surveillance programs.
Prosecutor: No independent prosecutor was installed, but the controversy led to ongoing Congressional hearings, debates, and legal challenges. Snowden was charged with espionage and fled the country, eventually granted asylum in Russia.
5. The VA Scandal (2014)
Issue: The Department of Veterans Affairs (VA) was caught falsifying wait times for veterans seeking medical care, which led to widespread criticism of how the agency was handling veteran services. It was revealed that veterans were waiting months for medical appointments, and some died waiting for care.
Controversy: The scandal led to the resignation of VA Secretary Eric Shinseki. Critics accused the Obama administration of failing to ensure proper oversight of the VA.
Prosecutor: No independent prosecutor was appointed, but there were Congressional hearings and investigations into the matter.
6. Solyndra (2011)
Issue: Solyndra was a solar energy company that received a $535 million loan guarantee from the Department of Energy as part of a broader effort to promote renewable energy. The company declared bankruptcy in 2011, leading to criticism that taxpayers were on the hook for the loss.
Controversy: Critics argued that the Obama administration had shown favoritism in selecting Solyndra, as it was linked to political donors. Republicans used this case to criticize the administration’s green energy investments.
Prosecutor: No independent prosecutor, but the bankruptcy was investigated by Congress. It was found that the company had misrepresented its financial position, but there was no evidence of intentional wrongdoing by the Obama administration.
7. Operation Choke Point (2013-2015)
Issue: A controversial initiative by the Department of Justice (DOJ) to target financial institutions and payment processors associated with businesses considered to be high-risk, including payday lenders, firearms dealers, and online gambling companies. Critics argued that the program unfairly targeted legal businesses and violated due process.
Controversy: Some businesses claimed the program was used to stifle political speech and certain industries, with critics accusing the Obama administration of overreach.
Prosecutor: No independent prosecutor was appointed, but the initiative was investigated, and it was eventually shut down in 2017 by the Trump administration.
8. The Iran Nuclear Deal (2015)
Issue: The Obama administration brokered the Joint Comprehensive Plan of Action (JCPOA) with Iran, a deal that lifted sanctions in exchange for Iran limiting its nuclear program. Critics, particularly Republicans and Israeli officials, argued that the deal was flawed and provided Iran with economic benefits that would eventually fund its military ambitions.
Controversy: The Obama administration was criticized for not consulting Congress more thoroughly and for not securing stronger terms in the deal, especially regarding Iran’s ballistic missile program and regional influence.
Prosecutor: No independent prosecutor was appointed, but the deal was subject to extensive Congressional hearings and debates. The Trump administration later withdrew from the deal in 2018.
9. The Trade Deal Scandals (TPP, TTIP)
Issue: The Trans-Pacific Partnership (TPP) and Transatlantic Trade and Investment Partnership (TTIP) were trade agreements negotiated by the Obama administration that aimed to increase trade across the Pacific and Atlantic. However, the secretive nature of the negotiations and concerns over the impact of these agreements on labor, the environment, and domestic industries led to widespread criticism.
Controversy: The Obama administration was accused of trying to push through trade deals without proper public scrutiny or oversight.
Prosecutor: No independent prosecutor was appointed, but both agreements faced significant public and Congressional scrutiny. The TPP was ultimately not passed in Congress, and the TTIP negotiations were suspended after Obama left office.
10. Hillary Clinton’s Private Email Server (2015)
Issue: As Secretary of State, Hillary Clinton used a private email server to conduct official government business. The FBI investigated whether this violated federal records laws, particularly after some classified information was found on her email server.
Controversy: Critics argued that Clinton's use of a private server posed security risks and was an attempt to avoid public scrutiny. While the FBI concluded there was no intent to mishandle classified material, the investigation was politically charged, especially during the 2016 election cycle.
Prosecutor: No independent prosecutor, but the FBI, led by Director James Comey, investigated the matter. Comey eventually concluded that Clinton had been “careless” but did not recommend charges.
Independent Prosecutor
To answer your second question, no independent prosecutor was appointed during most of these scandals, though various investigations and hearings took place. The term "independent prosecutor" often refers to a special counsel appointed to investigate matters without interference from the administration. In some of these cases, particularly with the IRS and Benghazi, Congress conducted extensive investigations. The Obama administration did establish the Office of the Special Counsel in certain cases, but it did not appoint an independent prosecutor like those during the Clinton administration (e.g., Kenneth Starr) or under the Bush administration (e.g., the Valerie Plame leak).
In the case of Benghazi, for instance, the Obama administration strongly resisted the call for an independent prosecutor, arguing that existing investigations by Congress and the Department of Justice were sufficient.
