Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Can the FBI Be Independent?
Townhall.com ^ | June 21, 2018 | Judge Andrew Napolitano

Posted on 06/21/2018 12:37:16 PM PDT by Kaslin

When President Donald Trump appointed Atlanta lawyer Christopher Wray to succeed James Comey as the director of the FBI, my initial reaction was not positive. Wray is a veteran of the Department of Justice and is part of that good-old-boy DOJ network that knows how to protect its own. Indeed, when then-New Jersey Gov. Chris Christie, a former U.S. attorney, needed a good criminal defense lawyer -- whose millions in fees were paid by New Jersey taxpayers -- he hired Wray.

Christie was never indicted in the Bridgegate scandal, but defense counsel for those who sought Christie's cellphone to demonstrate to jurors the governor's involvement in the plot to shut down lanes near the George Washington Bridge for political retaliation. Christie claimed that he gave his phone to federal prosecutors, but they told the court that they did not have the phone. Where was it? In a safe of the Atlanta law firm that employed Wray.

The FBI director-to-be, sitting in his office in Atlanta, failed to provide evidence he had that he knew a federal court in Newark was seeking. This sordid episode was not dwelled upon during Wray's confirmation hearings, at the end of which he was confirmed to a 10-year term running the FBI. So Trump's search for an outsider who would change the Comey-led culture of political justice and run the nation's premier law enforcement agency according to the rule of law turned up the ultimate insider.

Earlier this week, Wray testified before the Senate Judiciary Committee on the behavior of FBI agents -- including the former director and former deputy director -- during the criminal investigation of former Secretary of State Hillary Clinton. Wray had to thread a small needle.

On the one hand, the FBI is an investigative entity only. It does not decide whom or what to charge; it merely reports its findings to federal prosecutors in conjunction with their presentation of evidence to grand juries. As such, the FBI is subject to the DOJ prosecutors for whom it works, and the DOJ, of course, works for the president.

On the other hand, because both the DOJ and the FBI are guided by the ethical rules that govern lawyers and by the values of the rule of law implicit in American culture and recognized by the courts, the DOJ enjoys some independence from the president, and the FBI enjoys some independence from the DOJ. Principles such as equal protection under the law and due process of law protect life, liberty and property and trump instructions of the president to the DOJ and instructions of the DOJ to the FBI. Stated differently, the FBI must go where the evidence of crime leads it, and the DOJ must prosecute when the evidence is lawfully sufficient, no matter the subject.

This obviously becomes complex and treacherous when the president is the subject of the FBI's investigation, because one of the rule-of-law principles is that no one can be the judge or prosecutor in his own case. And it was in that context that Director Wray testified earlier this week. His testimony was largely about the response of the present-day FBI to the political excesses of the Comey-led FBI as articulated in a 568-page report issued by the inspector general of the DOJ.

That report found that there was political bias at the FBI and the DOJ in favor of Clinton while she was the subject of a criminal investigation and that there was political prejudice against Trump at the same time. But it also found that the bias and prejudice were not the deciding factors in the ill-advised decision by Comey to announce that Clinton would not be charged and then to recount all the damning evidence the FBI had amassed against her or in his decision to reopen and then reclose the investigation.

In Wray's testimony, I detected not a political defense of the FBI but rather a careful assessment of the constitutional relationship between Congress and the FBI that demonstrated a grasp of nuance and a defense of the rule of law.

Wray has been battling the House Intelligence Committee over its demands to get a peek at a portion of special counsel Robert Mueller's files on the president. The committee has threatened Wray and his boss, Deputy Attorney General Rod Rosenstein, with censure, contempt and even impeachment if Wray fails to deliver the files. Wray's message to the committee, uttered in his Senate testimony, was that the FBI will follow the law and not surrender privileged information.

A privilege is the ability of the entity that enjoys it to prevent the revelation of information that the privilege covers. The attorney-client and priest-penitent privileges, for example, permit the client or the penitent to prevent the lawyer or the priest from revealing their communications. Wray knows that law enforcement, too, enjoys privileges, such as the obligation to keep matters that have been presented to a grand jury, the thoughts and impressions and strategies of investigators and prosecutors, and information developed from confidential sources secret.

By signaling that he will honor those privileges in the investigation of President Trump, Wray is upholding the rule of law. Were he not to do this, he'd be spilling the contents of a criminal file to the political allies of the subject of the file -- a spill that the law would not condone because it would put the president above the law.

In defending these rule-of-law privileges, Director Wray is upholding the independence of the FBI against an unforgiving political onslaught orchestrated by the president's allies. I hope this is resolved in a court of law and not in the court of public opinion. Public opinion is a reed that moves with the wind. The rule of law is a rock that keeps us free.


TOPICS: Culture/Society; Editorial; Government
KEYWORDS: chrischristie; fbi; presidenttrump
Navigation: use the links below to view more comments.
first 1-2021-33 next last

1 posted on 06/21/2018 12:37:16 PM PDT by Kaslin
[ Post Reply | Private Reply | View Replies]

To: Kaslin

Not THIS FBI!


2 posted on 06/21/2018 12:39:20 PM PDT by SgtHooper (If you remember the 60's, YOU WEREN'T THERE!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

Both the DOJ and FBI are beyond fixing. They need to be dismantled and closed down for good.

They are corrupt to the core


3 posted on 06/21/2018 12:40:51 PM PDT by stockpirate (TYRANNY IS THY NAME REBELLION IS OUR ANSWER. HANG THEM ALL!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SgtHooper

Eight long years of the Obama Regime left the DOJ and the FBI infested and corrupted with Strzok like stooges.

It’ll probably take another eight years to drain that swamp.

That being the case, it is probably best now to dismantle the FBI. Shut it down.


4 posted on 06/21/2018 12:44:18 PM PDT by Responsibility2nd
[ Post Reply | Private Reply | To 2 | View Replies]

To: Kaslin
Not one of these FBI or Justice Department officials are duly-elected "representatives of 'We, the People'."

Under our Constitution, therefore, why do we believe they are to be permitted to exercise power over our Creator-endowed rights?

5 posted on 06/21/2018 12:44:29 PM PDT by loveliberty2
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

I do not buy it.

Wray is protecting the FBI and cronies, using the pretext of privilege.

We already have proof of that.


6 posted on 06/21/2018 12:44:44 PM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

Rotten FBI. All of it. We should hold these servants to a higher level. Screw them all. Never thought I’d ever say that.


7 posted on 06/21/2018 12:46:40 PM PDT by Zuben Elgenubi (NOPe to GOPe)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

No!The FBI cannot be independent.It needs serious Congressional management and a thorough cleanup.

We either fire director Wray and the upper level managers or disband the department.

There is no way of knowing how entrenched the deep state is so it needs a serious cleaning now.


8 posted on 06/21/2018 12:46:51 PM PDT by puppypusher (The world is going to the dogs.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin
Look at what just got posted.

FBI: Hundreds of Bureau Agents Took Bribes from CNN, NY Times, NBC News and More
True Pundit ^ | 6-21-18 | Admin

Posted on ‎6‎/‎21‎/‎2018‎ ‎2‎:‎41‎:‎41‎ ‎PM by Proud White Trump Supporter

Full Title: FBI: Hundreds of Bureau Agents Took Bribes from CNN, NY Times, NBC News and More; Wray Looks the Other Way to Protect Media Partners

more...

 

 

Forget about draining this swamp. It's beyond repair. Fill it in and build a Parking Lot over it.

America did just fine without an FBI for 132 years. Look what that Obastard did to this agency in just 8 years.

What a pity.

 

 

9 posted on 06/21/2018 12:50:09 PM PDT by Responsibility2nd
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

Isn’t Nappy compromised these days?

He needs to prove that he is not taking IC money.


10 posted on 06/21/2018 12:50:26 PM PDT by Paladin2
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

FBI: Hundreds of Bureau Agents Took Bribes from CNN, NY Times, NBC News and More

True Pundit ^ | 6-21-18 | Admin

Posted on 6/21/2018, 12:41:41 PM by Proud White Trump Supporter

Full Title: FBI: Hundreds of Bureau Agents Took Bribes from CNN, NY Times, NBC News and More; Wray Looks the Other Way to Protect Media Partners

Access to the FBI is for sale.

Concert tickets. Expensive private dinners. NFL tickets. Parties on booze cruises. Discounts on travel.

FBI insiders said more than 60 agents in D.C. alone have been nailed for taking gifts from the news media. Inspector General Michael Horowitz said earlier this week about 50 FBI agents took 300 free gifts from news media.

However, Horowitz failed to stipulate that number is ONLY in Washington D.C. which covers one field office and FBI headquarters. The Inspector General did not examine the FBI’s other field offices, officials said. And the problem of taking free gifts for Intel is rampant, officials sai

http://freerepublic.com/focus/f-bloggers/3665044/posts


11 posted on 06/21/2018 12:51:12 PM PDT by Grampa Dave (If voting couled actually change anything, it would also be illegal!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

The FIB has no Constitutional foundation.


12 posted on 06/21/2018 12:55:30 PM PDT by Paladin2
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

No.

The FBI has been corrupt since J. Edgar Hoover.

It needs to be permanently disbanded.


13 posted on 06/21/2018 12:56:03 PM PDT by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

Sessionz fully approves Wray’s stance.


14 posted on 06/21/2018 12:56:43 PM PDT by Paladin2
[ Post Reply | Private Reply | To 6 | View Replies]

To: Kaslin

The gas-lighting pecker-puffing guinea weighs in...

No one cares. F-him


15 posted on 06/21/2018 12:58:25 PM PDT by Electric Graffiti (Jeff Sessions IS the insurance policy)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

I was in construction for 50 years. Everything looks like a building, design or contract problem to me. Judge N sees everything with a legal nuance.

Sometime crap that is too big to function just needs to be pruned to the root ball and re-grafted.


16 posted on 06/21/2018 1:07:33 PM PDT by KC Burke (If all the world is a stage, I would like to request my lighting be adjusted.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

My kids had lots of privileges growing up. When I found them misbehaving, they lost privileges temporarily (days or weeks).

I know that’s different from a legal situation and revoking privileges is not so simple when there is no parent-child type relationship. But they could go a long way toward rehabilitating their image and rebuilding a healthy relationship with congress and the people if they were to voluntarily give up this privilege temporarily.

I’m sure they have enough lawyers to do it in a way that doesn’t set a precedence for future investigations and claims of privilege. They’ve been doing this for 2 years. If Trump committed crimes that they can’t prove YET, they need to be shut down for incompetence. They either need to get him out of office or end the investigation ASAP for the good of the country. So claiming privilege based on an “ongoing investigation” is ridiculous and an acknowledgement that they are useless.


17 posted on 06/21/2018 1:07:54 PM PDT by LostPassword
[ Post Reply | Private Reply | To 1 | View Replies]

To: Electric Graffiti
...gas-lighting pecker-puffing guinea...

I may have a use for that and I will steal it and give attribution one time only.

18 posted on 06/21/2018 1:08:45 PM PDT by KC Burke (If all the world is a stage, I would like to request my lighting be adjusted.)
[ Post Reply | Private Reply | To 15 | View Replies]

To: Paladin2

“Isn’t Nappy compromised these days?”

He’s been compromised for years. A disgusting gas-lighter for the corrupt state.


19 posted on 06/21/2018 1:12:25 PM PDT by Electric Graffiti (Jeff Sessions IS the insurance policy)
[ Post Reply | Private Reply | To 10 | View Replies]

To: KC Burke

lol...can you tell I hate the m-fer?


20 posted on 06/21/2018 1:13:55 PM PDT by Electric Graffiti (Jeff Sessions IS the insurance policy)
[ Post Reply | Private Reply | To 18 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-33 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson