Stephen Burd
Senior Writer & Editor, Higher Education
Last week, the conservative news site the Daily Caller . Citing unnamed sources, the online publication reported that the U.S. Department of Education鈥檚 Inspector General (IG) is investigating whether Department officials leaked information to Wall Street short sellers about the agency鈥檚 proposed Gainful Employment rules before they released them to the public. The Dow Jones Newswires followed up with (which credited the Daily Caller for being the first to report the story), and then other news outlets .
But there鈥檚 just one problem with this 鈥渂reaking鈥 story — it did not reveal anything new.
In fact, news of the investigation first broke nearly two months ago. The source was the IG herself. Speaking at before the House subcommittee in charge of higher education policy in mid-March, Inspector General Kathleen Tighe revealed that she had initiated an investigation into the leak allegations in response to that she had received from Republican Senators Tom Coburn of Oklahoma and Richard Burr of North Carolina in the fall.
Tighe鈥檚 comments did not go unnoticed. In fact, the Coalition for Educational Success (CES), a for-profit college lobbying group, highlighted the remarks in it sent out after the hearing:
WASHINGTON DC (March 11, 2011) –Today, at a U.S. House of Representatives Committee on Education and the Workforce Subcommittee on Higher Education and Workforce Training hearing, U.S. Department of Inspector General Kathleen Tighe confirmed that the Department is investigating contacts and activity that took place between Department officials and Wall Street short sellers鈥nspector General Tighe acknowledged the investigation following questioning by Representative Mike Thompson. [Editor’s Note: CES misidentified the Congressman. It was Rep. Glenn Thompson (R-PA), not Rep Mike Thompson (D-CA).]
The fact that the IG is investigating whether a leak occurred is not only old news, but, as the Daily Caller acknowledges, it also isn鈥檛 surprising given the source of the request. As noted in its coverage of the inquiry last week, 鈥渋t is uncommon for federal agencies’ inspectors general to ignore requests from members of Congress, so even if an investigation is indeed under way, gauging its seriousness is difficult.” In other words, even if Tighe doesn鈥檛 have any reason to believe that improprieties occurred, she is still obligated to look into the charges.
This investigation brings to mind a similar one that the IG鈥檚 office conducted last year , who was the House Education committee鈥檚 ranking Republican at the time. Kline, a fervent student loan industry supporter, of violating federal lobbying laws in their effort to build support for legislation eliminating the Federal Family Education Loan (FFEL) program. After a thorough examination of the allegations, the IG released in January rejecting the charges.
At Higher Ed Watch, we expect that the IG will ultimately reach a similar conclusion in the leak case. After all, the for-profit higher education industry hasn鈥檛 produced any credible evidence to date that wrongdoing has occurred. But that鈥檚 not really the point of this exercise. The industry鈥檚 champions in Congress are simply trying to intimidate the Obama administration that they vehemently oppose. Given , it doesn鈥檛 appear that they will be anymore successful in this effort than they were in .