In the 109 years of the FBI’s existence, it has repeatedly come under fire for abuses of power, privacy or civil rights. From Red Scares to recording and threatening to expose the private conduct of Martin Luther King Jr. to benefiting from bulk surveillance in the digital age, the FBI is accustomed to intense criticism.
What is so unusual about the current moment, say current and former law enforcement officials, is the source of the attacks.
The bureau is under fire not from those on the left but rather conservatives who have long been the agency’s biggest supporters, as well as the president who handpicked the FBI’s leader.
.. Wray’s defenders say there is a more strategic reason for the new director’s approach — by relying on long-standing law enforcement policies and procedures, he believes the FBI can navigate through the current political storms and get back to a position of widespread trust across the political spectrum, according to people familiar with his thinking.
.. “Following established process is important,” one person said. “Process can protect us.”
.. Comey’s firing shocked the FBI’s workforce. In the aftermath, many employees posted pictures of him at their desks or other workspaces.
.. Others express doubts about emulating Mueller’s detached approach, worried that Wray’s calculation not to publicly spar with the president may lead to a gradual erosion of the bureau’s reputation and clout.
.. On Friday, over Wray’s objection, Trump authorized the release of the Nunes memo and declared, “A lot of people should be ashamed of themselves and much worse than that.’’
.. He has called his own attorney general “beleaguered” and claimed the bureau’s reputation was “in tatters.”
.. Sen. Ron Johnson (R-Wis.) said on Fox News there was “evidence of corruption — more than bias but corruption — at the highest levels of the FBI,” and pointed to texts between two key officials who were once assigned to both the Clinton and Trump probes suggesting a “secret society” at the FBI. Those messages about a “secret society” are now widely seen to be a joke, but that has not diminished Republicans’ fervor
.. it conducts criminal investigations independently and without regard to the will of the chief executive. Trump has defied that norm. He asked Comey for a vow of loyalty, then inquired with Andrew McCabe, who replaced Comey after Trump fired him, for whom he voted.
.. The memo itself, though, doesn’t prove the case. It doesn’t have the kind of evidence in it that you would need to see to say that there was an abuse of that authority.”
.. While the president might now feel he wants the bureau under his firm control, Hosko said, he might regret that if a like-minded president took office and ordered investigations of Trump or his family.
.. Current and former law enforcement officials expect the struggle for control of the FBI to intensify.
.. “Republicans think this is just part of the war they are fighting.”
Who’s Who Among Trump’s Law-Enforcement Targets
The president has attacked key FBI, Justice figures involved in investigating him
President Donald Trump’s attacks on top Justice Department and FBI officials on Friday mark his latest escalation of rhetoric on officials who one way or another have a hand in investigating ties between the president’s associates and Russia.
- Jeff Sessions, attorney general
- Rod Rosenstein, deputy attorney general
- Robert Mueller, special counsel
- Christopher Wray, FBI director
- Andrew McCabe, former FBI deputy director
- Peter Strzok, FBI investigator
A Reckoning for the FBI
The House memo reveals disturbing facts about the misuse of FISA.
The memo confirms that the FBI and Justice Department on Oct. 21, 2016 obtained a FISA order to surveil Carter Page, an American citizen who was a relatively minor volunteer adviser to the Trump presidential campaign.
.. The memo adds that former FBI Deputy Director Andrew McCabe told the committee in December 2017 that “no surveillance warrant would have been sought” without the dossier.
.. But the FBI failed to tell the court that Mr. Steele and Fusion were the main sources for that Yahoo article. In essence the FBI was citing Mr. Steele to corroborate Mr. Steele.
.. The FBI retained Mr. Steele as a source, and in October 2016 he talked to Mother Jones magazine without authorization about the FBI investigation and his dossier alleging collusion between Russia and the Trump campaign. The FBI then fired Mr. Steele, but it never told the FISA judges about that either. Nor did it tell the court any of this as it sought three subsequent renewals of the order on Mr. Page.
.. Mr. Steele and Fusion then leaked the fact of the investigation to friendly reporters to try to defeat Mr. Trump before the election. And afterward they continued to leak all this to the press to cast doubt on the legitimacy of Mr. Trump’s victory.
.. No matter its motives, the FBI became a tool of anti-Trump political actors.
.. President Trump should declassify it promptly, along with Senator Chuck Grassley’s referral for criminal investigation of Mr. Steele.
.. note that Democrats aren’t challenging the core facts that the FBI used the dossier to gain a FISA order or the bureau’s lack of disclosure to the FISA judges.
.. As to the claim that the release tarnishes the FBI and FISA court, exposing abuses is the essence of accountability in a democracy.
.. The question of FISA abuse is independent of Mr. Mueller’s work
.. Mr. Trump would do well to knock off the tweets lambasting the Mueller probe
.. Mr. Trump and the White House should consider the remedy of radical transparency.
Questions That Mueller Might Ask Trump
The most consequential could involve the President’s understanding of the rule of law.
.. His most consequential questions for Trump might not be about Russian influence over American voters but about the power that the President of the United States believes he has to control, or to abrogate, the rule of law.
To that end, Mueller might ask Trump why he has, or has not, fired various people. He might start with James Comey,
.. Mueller also will likely ask Trump why he fired Michael Flynn, his first national-security adviser, and what assurances he might have given him at the time.
.. Flynn was already in legal jeopardy, because he had hidden his contacts with Russians and because his lobbying firm had taken money from Turkish interests without reporting it. Comey testified that Trump nonetheless asked him to go easy on Flynn
.. Does the President imagine that the job of the Attorney General is to protect the law, or to protect him?
.. They also reportedly spoke to Mike Pompeo, the head of the C.I.A., and Dan Coats, the director of National Intelligence. All were apparently asked whether Trump pressured them in regard to the investigation. If Mueller has these men’s statements in hand, he can see if Trump’s answers match theirs.
.. The President might not care. He has said that he has an “absolute right” to control the Justice Department and “complete” pardon power. Speaking to reporters last week, he mocked his critics: “Did he fight back? . . . Ohhhh, it’s obstruction.” Often, for Trump, fighting back has meant just saying that everything is Hillary Clinton’s fault. Indeed, if Mueller gets Trump talking about Clinton, it will be hard to get him to stop
.. The memo was shared only with House members, and reportedly alleges that the Russia investigation is tainted at its core, because, in an application to surveil Carter Page, a Trump-campaign associate, the F.B.I. made use of a dossier that had been partly paid for by the Clinton campaign.
.. Sessions had tried to get Christopher Wray, the new F.B.I. director, to fire McCabe; Wray refused.
.. Trump’s strategy seems obvious: to create confusion, suspicion, deflection, doubt, and, above all, noise.
.. if he does sit down with Mueller’s team, once the first question is asked there will be an interval of silence that only the President can choose how to fill. Will he try to turn the interview against Mueller? If Trump thinks that Mueller can be scared off by the prospect of being fired