The information contained in
the memo
released by House Republicans on Friday that accused FBI and Justice
Department officials of improperly obtaining permission to surveil a
former Trump campaign adviser shows a tragic failure of leadership on
the part of former FBI Director James Comey.
But importantly, the memo does not in
any way reflect on the outstanding work of the more than 35,000
dedicated men and women of the FBI.
It pains me – as a former FBI executive who loves and
respects the organization – to say that Comey’s short tenure at the FBI
has proven to be the worst thing to happen to the agency since Director
L. Patrick Gray was fired during the Watergate scandal.
If the facts stated in the memo are true – despite the
highly political nature of congressional committees – then there was
either incompetent or deliberate manipulation of the Foreign
Intelligence Surveillance Act (FISA) Court to get approval of the
surveillance.
Even new agent trainees at the FBI Academy know better
than to use paid opposition research and newspaper articles to support
use of one of the most sensitive and intrusive surveillance techniques
in the investigative toolbox. If they do use such information, the FISA
judge should have been apprised of the origins of the research.
FBI agents are also taught to never mislead any court
of law. It’s unlikely the surveillance warrant would have been issued if
the FISA judge was aware that political opponents (the Hillary Clinton
campaign and the Democratic National Committee) had financed the
information used to obtain approval of the surveillance.
FISA applications go through extensive reviews at
multiple levels of executive management at the FBI and Justice
Department. They are signed by the most senior FBI and Justice
Department executives before they are presented to the FISA court for
approval.
The 2016 FISA approvals in question were signed by none
other than FBI Director Comey and Deputy Director Andrew McCabe. The
buck stops there. They were the top two officials in the FBI at the
time.
McCabe, enabled by Comey, created an attitude among his
inner circle that flaunted well- established laws and regulations.
Comey usurped the role of the Justice Department in publicly exonerating
Hillary Clinton from wrongdoing in her handling of government emails
when she was secretary of state.
At the same time, Comey took highly conflicted Attorney
General Loretta Lynch off the hook to formally recuse herself from the
Hillary Clinton probe as a result of Lynch’s own inexcusable and inept
conduct in meeting former President Bill Clinton while his wife was
under Justice Department and FBI investigation.
With his conduct, Comey set in motion a cascading set
of events that resulted in the FBI becoming a pawn in a political
firestorm. He justified making up his own rules because he felt
righteous.
Comey permitted leaks and allowed bias to infect two of
the most important investigations ever conducted by the FBI. He clearly
permitted his lead investigative agent to predetermine the outcome of
the Clinton investigation, while allowing the agent’s biased actions and
anti-Trump texts to complicate the role of Special Counsel Robert
Mueller in actually getting to the truth of Russian meddling in the 2016
presidential election.
FBI agent Peter Strzok and FBI lawyer Lisa Page – who
were carrying on a romantic affair when they traded numerous text
criticizing then-candidate Trump – are now star witnesses for the
defense in any indictments that come out of Mueller’s office.
Mueller is an honest, fair and non-political
professional who took a bullet for his country as a Marine in Vietnam.
He is our best chance to learn the truth. And the truth should be good
enough for everyone. He served for 12 years as FBI director with many
accomplishments, no terrorist attacks on his watch and not a hint of
controversy.
Current FBI Director Chris Wray has now taken the helm
and is trying his best to right the ship. This is no time for him to
resign. He has a lot to overcome in a very difficult task. He must
maintain his independence from the president while navigating political
controversy coming at him from every direction.
Wray is very deliberately cleaning out the remnants of
the Comey cabal on the FBI’s 7th Floor. He has apparently been given a
preview of the Department of Justice inspector general’s investigation
of the conduct of several FBI officials during the Clinton
investigation. This inspector general is the same person who outed the
Strzok and Page texts.
Now information is circulating that the Republican memo
made public is just the tip of the iceberg. Ex-FBI Agents are picking
up information that the inspector general’s report will be far more
graphic in detailing the misconduct of McCabe, Strzok and others more
serious that what is in the memo released Friday.
The Republican congressional memo outlines potentially
serious misconduct on the part of the Comey leadership team. Going
forward, the FBI should err on the side of transparency. Director Wray
should make every effort to declassify the documents and affidavit
supporting surveillance approved by the FISA Court.
Such information has been released before. It is better
for the FBI to release the information than to have it come from a
political body like Congress. Let the public decide for themselves
without political spin.
The American people, Congress and the president should
sit back and allow Special Counsel Mueller to do his work. This nation
has an interest in making sure that Russian President Vladimir Putin’s
intelligence thugs and mobbed-up oligarchs do not influence our
political processes.
It’s time to find out what really happened.
Chris E. Swecker served 24 years in FBI as Special Agent. He
retired from the Bureau as Assistant Director with responsibility over
all FBI Criminal Investigations. He currently practices law in
Charlotte, N.C.