Fox News contributor Katie Pavlich dishonestly criticized the independence of the State Department Accountability Review Board (ARB) that investigated the September 2012 attack on a U.S. diplomatic facility in Benghazi, Libya by hyping the fact that then-Secretary of State Hillary Clinton appointed four of the ARB's members. Federal law mandates that the secretary of state appoint four of the five members of each Accountability Review Board.
During a September 19 House Oversight and Government Reform Committee hearing on the attacks that killed four Americans in Benghazi, Republican Congressman John Mica of Florida asked Retired Admiral Mike Mullen, vice chairman of the ARB, to confirm that Clinton appointed four of the five members of the board. After Mullen confirmed that, Mica commented "it looks like sort of an inside job of investigation, the Department of State looking at the Department of State." Mica also commented that the ARB did not interview Clinton for its report.
Pavlich, who was commenting on the hearing through her Twitter account, seized on this fact to criticize the ARB report, calling it a "whitewash":
Pavlich later made the same point in a post on Townhall.com, where she's an editor, this time to impugn the independence of the board:
During the hearing, Republican Rep. John Mica pointed out Clinton appointed four out of the five members of the ARB board investigating the Benghazi attack. The ARB describes itself as "independent."
But the secretary of state is required by federal law to appoint four of the five members of an Accountability Review Board:
A Board shall consist of five members, 4 appointed by the Secretary of State, and 1 appointed by the Director of Central Intelligence. The Secretary of State shall designate the Chairperson of the Board. Members of the Board who are not Federal officers or employees shall each be paid at a rate not to exceed the maximum rate of basic pay payable for level GS-18 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Board. Members of the Board who are Federal officers or employees shall receive no additional pay by reason of such membership.
Pavlich has previously smeared Clinton over the Benghazi attack on Fox News.