Decent piece by McCarthy about the
FBI's descent into further political corruption over the past 25 or so years. Fair use excerpt:
Quote:
It is not so difficult for a single agency to assimilate the divergent law-enforcement and domestic-security missions when the security threats are foreign powers. Things get more complicated, however, when the security threats are American citizens, whether acting on behalf of foreign powers or participating in domestic groups. The scheming of Americans against their own government and fellow citizens is invariably bound up with dissent, association with like-minded dissenters, and other acts protected by constitutional guarantees that aliens cannot fully claim.
The Supreme Court grappled with this vexing challenge in the 1972 Keithcase, when it first required the FBI and Justice Department to obtain judicial warrants before conducting surveillance against Americans suspected of plotting to overthrow the government. In the aftermath of the Church Committee, Congress dubiously extended the logic of Keith to foreign threats, enacting the 1978 Foreign Intelligence
Surveillance Act (FISA), which requires warrants from a secret federal court before the FBI may monitor suspected agents of foreign powers whether those agents are American citizens or aliens. The proceedings of that tribunal, the Foreign Intelligence Surveillance Court (FISC), are classified. There is no discovery and minimal due process for surveillance.
The FISA system does not keep the police honest.
Russiagate illustrates what a disaster this has led to, but it's been coming for a long time. After the 1993 World Trade Center bombing, the Clinton administration decided to regard jihadist terrorism as a law-enforcement issue, prioritizing the FBI as the nation's top security agency even in liaison with foreign governments, where the CIA had enjoyed pride of place. This subordination of the bureau's law-enforcement protocols to its domestic-security mission intensified after 9/11, when, understandably, there was intense criticism of the Clinton administration's "wall" a set of procedural safeguards put in place to prevent counterintelligence operations, with their minimal due-process standards, from covertly steering criminal investigations.
Such compartmentalization is a commonplace in law enforcement where, for example, if the government becomes aware of information subject to a confidentiality privilege (say, attorneyclient or doctorpatient communications), police and prosecutors are forbidden from using that information to build criminal cases.
But compartmentalization has no place in national-security operations, where any available intelligence must be exploited to safeguard the homeland and American interests abroad. From a law-enforcement perspective, the wall made sense. As a national-security policy, it was lunacy and jihadist terrorism is a national-security issue. Because the wall effectively barred intelligence agents from sharing information with their criminal-investigator counterparts, the bureau missed key evidence of terrorist plotting whose recognition might have prevented the suicide hijackings.
In the overcorrection to that failure, the bureau became an intelligence agency with a law-enforcement sideline. Except it is not an effective intelligence agency, and its prioritization of secrecy over due process has eroded its competence and trustworthiness as a law-enforcement agency.
Russiagate is the fallout.
Investigations are supposed to be run in field offices, to give agents insulation from the politics of Washington. Headquarters performs the indispensable role of supervision, preventing agents, who get very invested in their cases, from transgressing FBI protocols designed to keep them within legal bounds.
But in 2016, in Hooveresque fashion, FBI headquarters decided to get operational. Under the hands-on management of Andrew McCabe, the bureau's deputy director at the time, coordinating closely with then-director James Comey, the top of the FBI's hierarchy took over the politically fraught investigations of the two major-party candidates. When headquarters becomes the investigator, there is no detached supervisor to keep it on the straight and narrow.
Internal inquiries by the Justice Department's inspector general established significant political bias against Donald Trump by the bureau's investigators. It redounded to Hillary Clinton's benefit. First, FBI headquarters cleared her of wrongdoing in the emails scandal, despite finding she'd recklessly mishandled classified information and destroyed thousands of government records. Clinton still grouses that FBI disclosures cost her the election; she may be right, but she wouldn't have been able to run if Comey had not broken protocol, arrogated the Justice Department's charging discretion to himself, and publicly exonerated her (which is never the job of an investigator or prosecutor).
Then, as prosecutions in Durham's investigation have revealed, the bureau knowingly took Clinton-campaign-generated opposition research much of it outlandish and uncorroborated and used it as the premise to investigate Trump as a clandestine agent of Russia. When the government investigation leaked to the media, the Clinton campaign predictably exploited the news in the race's final weeks. (She lost because her weaknesses as a candidate were too profound to overcome, but the TrumpRussia "collusion" narrative benefited her campaign and was a coup for congressional Democrats during Trump's first years in office.) The FBI well knew that the partisan sources of this information were suspect. When Clinton lawyer Michael Sussmann brought the FBI patently skewed data suggesting that Trump had a communications back channel with the Kremlin, headquarters hid Sussmann's involvement from its own investigators, falsely claiming that the data had come from the Justice Department. When the bureau took farcical "intelligence reporting" from former British spy Christopher Steele, who it knew was generating the reporting for the Clinton campaign, it offered Steele $1 million if he could corroborate his allegation that Trump was in a "conspiracy of cooperation" with Vladimir Putin's regime. Steele could not verify his claims, yet the FBI relied on them in four sworn "verified applications" for FISC warrants, submitted 90 days apart, from October 2016 through June 2017 i.e., well into the first year of Trump's presidency. Agents withheld from the court Steele's connection to Clinton's campaign and the fact that Steele's main source, Igor Danchenko, had conceded to the FBI that the anti-Trump reporting was bogus.
In sum, the FBI did what the Bill Clintonera wall regulations were meant to prevent: Lacking grounds for a criminal case, the bureau exploited its counterintelligence authority in hopes of eventually finding something that could be used to drive Trump from office. The FBI did this because, as an intelligence agency serving the progressive political establishment, it was confident that its sources could be concealed from Congress and that its highly classified submissions to the FISC would never see the light of day. When this proved a poor calculation, it led to a more comprehensive audit, which uncovered that quite apart from Russiagate the bureau's submissions to the FISA court over five years (201519) were rife with misrepresentations and abuse. In this, the FBI had flouted safeguards put in place two decades ago precisely because of a similar raft of misrepresentations that enraged the FISC in the 1990s. In 2016, assessing its propensity to misreport its counterintelligence monitoring of American citizens, the FISC bewailed the FBI's institutional "lack of candor."
Enough is enough…
He's vastly more optimistic about 'reforming' the organization than I. Smart, nice guy, but no idea why he thinks some portion of the CCP senate caucus would ever sign off on sufficient reforms to pass legislation ensuring it happens. For that matter, I doubt the GOP ever sticks together and makes it happen unanimously either. The swamp
loves the FBI.
Myself, I see it's present state as, while utterly horrid/evil, inevitable. Born of totalitarian leftist political dreams, it's never going to be 'good' or stable. The data posted on this thread alone shows any neutral observer why 'FBI delende est.'