“The culture at the top seems incapable of using the powers entrusted to it with discretion and good judgment… The agency should be scrapped and something new built to replace it.”
Amen to that.
Harvey Silverglate is a Boston-based criminal defense and civil liberties lawyer.
The USA, UK and France should have simply reformed the Gestapo in 1945
Because corrupt and politically biased state-security agencies are so ammenable to change!!!
LOL.
FEFUND the FBI in the meantime.
The building would make a nice hotel. Top floor restaurant. with indoor outdoor pool.
Disband it and move its functions into the US Marshals
The FBI still has good people some are coming forward as whistleblowers
Regarding the author, someone had written that more defense attorneys should be elected officials rather than prosecutors. Although I would prefer attorneys not be involved in making law, I can now see the point. Where defense attorneys are associated with the guilty getting free on technicalities, the government should have a better mindset regarding civil liberties. Prosecutors represent the government against the citizen, and we’ve seen how that’s worked out lately.
Maybe the building would make a great home for the homeless.
I'm reposting my idea from March 5, 2018 (reformatted for easier reading):
A decentralized national investigative structure, called up by Congress (not the Department of Justice) and overseen by the states, but with state officers reporting to the commander-in-chief on a case-by-case basis, may be the best way to restore confidence that such an agency is not corrupted by national party bloc interests.
As I was reading this article (As D.C. Corruption Mounts, Heres How The American People Can Get Justice), I was beginning to think of a solution that was close to where the author ended up.What if the FBI were disbanded as a federal agency, and replaced by a different organization that was populated by the states themselves?
- Each state would delegate a number of investigators to serve at the pleasure of their home state, and this body would become a decentralized federal investigative bureau, managed by the states.
- As is with the militia, the Constitution provides for calling up the militias for national service, but the officers are selected by the states.
- It isn't a stretch to declare that state militias have investigators as a component of a military police, perhaps made up of local police department detectives who are also in the state national guard reserves.
- Use the militia clause in the Constitution to call up the state militias' investigative arms for federal service, with state appointed officers.
- Each state can create a branch of their militia as MPs, or detectives. These people would report to militia officers appointed within each state, and then these militia branches (officers and detectives) would be called up at the request the Commander-In-Chief and approval by Congress (Article I Section 8: "to provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions,") to serve a national priority such as investigating a particular federal crime, under the authority of state officers, not federal bureaucrats.
- The state officers will report directly to the Commander-In-Chief (Article II Section II: "The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States").
- Once the investigation is complete, the investigating team is released back to the states.
- If a crime occurred in one state, then the militia police from another state can be called up to investigate.
- Several investigations across several states can operate in parallel, if needed.
Root cause analyses looks for systemic causes of failures, not behavioral causes.
- Part of that review is identifying the protective systems that were in place to prevent what happened from happening, and to brainstorm additional protective systems to catch whatever still slipped through.
- Management enforcement of process compliance with consequences for failure to comply is a protective system.
- Lax management enforcement of process compliance might be a systemic cause if the fix were to reinforce the importance of process compliance and put consequences on management for lack of process discipline.
- However, in the recent examples of FBI failure, management was not lax in oversight, they were also complicit actors in avoiding the process. This is still behavioral, so the systemic root cause is not yet found.
- I'm going to suggest that the systemic root cause of the recent FBI disfunction is the "independent" nature of the FBI itself.
- This was magnified by the behavioral causes that top management felt they were unaccountable to anyone;
- that a single ideological mindset became established through years of political appointments that controlled the hiring practices of lower-level staff;
- that using management reinforcement to correct the root cause was ineffective given that management was a part of the problem, if not leading the effort.
- Therefore, we must look to other protective systems for corrections.
- One protective system is the Inspector General. While this seems to be working now, in hindsight it doesn't seem to have been effective at the time the actions were taking place.
- When the bad actors are the top management itself in a department, an IG is too easily bypassed. Therefore, a new protective system must be put in place.
- My proposed corrective system is to replace a federal-centric FBI with a state-centric investigative agency.
- This agency would have distributed leadership, since by following the militia model in the Constitution, the "officers" would be selected by the states and would be subject to recall at the whim of the home state.
- A single monolithic mindset cannot become entrenched, since concerned states can replace their officers at any time.
- I suggested attaching this investigative militia to the Commander-In-Chief directly on a case-by-case basis, with some provision for a senior officer hierarchy to manage separate state contingents.
- Since Congress has the authority to call up the militia, but the President is the Commander-In-Chief of the militia, there is a check-and-balance already in place.
- If a state investigative team finds evidence of a crime, the President can refer charges to the Department of Justice for further prosecutorial action.
- There would be no need for a Special Prosecutor, as the investigative arm of the called up militia units can do this.
- The Department of Justice can aid the investigations with grand juries, and criminal referrals would be passed along to the Department of Justice for action.
- The President can then release the militia units back to the states, preventing a runaway special prosecutor from expanding the scope of the investigation.
- "Process crimes," such as lying to the FBI, would go away as an especially nefarious tool of an over-zealous prosecutor.
-PJ
The problem is what is entrusted to them. Putting something new or moving it just moves the problem. There is no real over sight. They classify themselves out of things that should put people in jail. It is now classified material that never sees the light of day.
We have a media that willfully plays along with them when it fits their narrative. We have congress who has no power to do anything about the issues since the DOJ works hand-in-hand with the FIB.
It’s been bad since the time of J. Edgar Hoover, who was a homosexual nutcase who spent a lot of time trying to crush his enemies or anybody who might out him, who was theoretically anti-Communist (but just because it was his particular route to power), and who built an organization in his image: highly political, paranoid and power-crazed.
I don’t think it actually can be “reformed.”
Wow, it is amazing to read this from a person who describes himself as “libertarian-liberal” and a “Boston-based criminal defense and civil liberties lawyer.” Even more surprising is that this was published in the Boston Globe and picked up by MSN.
EVERY function of the FBI should be turned back over to individual states. It has shown itself to be nothing but criminal, IMO.
The biggest example I can think of is federal drug laws. All Federal drug laws should be eliminated unless the crime involves crossing a border (state or national).
Once you reduce the responsibilities, you reduce the head count. Then you can transfer the responsibilities to other agencies
The FBI should be scrapped and replaced with nothing.
L
Locate the new FBI headquarters in Barrow Alaska.
Lovely summers.
And he is correct
FBI has been a hot mess for scores of years. Openly politicized now but has been used politically from the very beginning
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https://www.bitchute.com/video/—QS_UyW2SY/