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TIME-The FBI Is in Crisis. It's Worse Than You Think


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http://time.com/5264153/the-fbi-is-in-crisis-and-america-is-paying-the-price/

 

Pretty long article, I'm not going to TLDR everyone by posting it but I will mention some of what I consider to be highlights.

The Justice Department’s Inspector General, Michael Horowitz, will soon release a much-anticipated assessment of Democratic and Republican charges that officials at the FBI interfered in the 2016 presidential campaign. That year-long probe, sources familiar with it tell TIME, is expected to come down particularly hard on former FBI director James Comey, who is currently on a high-profile book tour. It will likely find that Comey breached Justice Department protocols in a July 5, 2016, press conference when he criticized Hillary Clinton for using a private email server as Secretary of State even as he cleared her of any crimes, the sources say. The report is expected to also hit Comey for the way he reopened the Clinton email probe less than two weeks before the election, the sources say.

The report closely follows an earlier one in April by Horowitz, which showed that the ousted deputy director of the FBI, Andrew McCabe, had lied to the bureau’s internal investigations branch to cover up a leak he orchestrated about Clinton’s family foundation less than two weeks before the election. (The case has since been referred to the U.S. Attorney’s office in Washington, D.C., for potential prosecution.) Another IG report in March found that FBI retaliation against internal whistle-blowers was continuing despite years of bureau pledges to fix the problem. Last fall, Horowitz found that the FBI wasn’t adequately investigating “high-risk” employees who failed polygraph tests.

Last May, McCabe, then the FBI’s deputy director, sat down at the table in his seventh-floor office for a meeting with two agents from the inspections division. The agents had some questions about the Clinton Foundation leak just before the election. It was a quick meeting. McCabe, an FBI veteran who rose through the ranks over a 21-year career, told them he had “no idea” where the leak came from. The agents left after just five minutes or so, according to the Inspector General’s April 13 report.

McCabe had offered that same basic assurance months earlier to his boss, then director Comey, investigators said, and had angrily lit into FBI officials under him, suggesting the Clinton leak had come from their offices and telling one senior agent in Washington to “get his house in order.” But as it turned out, McCabe knew exactly where the leak had come from. He personally authorized it, Horowitz’s investigators found, to counter charges that he favored Clinton. (His wife received $467,500 from the PAC of a Clinton ally, then Virginia governor Terry McAuliffe, in a failed 2015 bid for state office.)

The McCabe findings have shaken the FBI. The bureau has massive power, and as a result, it has strict rules. Lying to investigators is considered a dire breach in an organization built on trust. The referral to the U.S. Attorney’s office, which emerged a week after the report was released, could result in charges against McCabe of making a false sworn statement. He has challenged the findings, disputing even the most basic elements, like how many people were in the room. The IG said it did not find many of his objections credible, with some elements contradicted by notes taken contemporaneously by an agent. McCabe previously called his firing part of a “war on the FBI” and the Russia investigation. But viewed against the backdrop of other Horowitz reports, McCabe’s alleged rule-breaking looks like part of a much larger problem.

In September, Horowitz found that bureau investigators had allowed employees with dubious polygraph results to keep their top-secret clearances for months or even years, posing “potential risks to U.S. national security.” In one instance, an FBI IT specialist with top-secret security clearance failed four polygraph tests and admitted to having created a fictitious Facebook account to communicate with a foreign national, but received no disciplinary action for that. In late 2016, Horowitz found that the FBI was getting information it shouldn’t have had access to when it used controversial parts of the Patriot Act to obtain business records in terrorism and counterintelligence cases.

 In January, a federal judge threw out all the criminal charges against renegade Nevada cattleman Cliven Bundy, his two sons and a supporter who had been in an armed standoff over unpaid grazing fees. Judge Gloria Navarro accused the government of “outrageous” and “flagrant” misconduct, citing failures by both prosecutors and the FBI to produce at least 1,000 pages of required documents. The judge said the FBI misplaced–or “perhaps hid”–a thumb drive revealing the existence of snipers and a surveillance camera at the site of the standoff.

A related case in Oregon, growing out of the 2016 takeover of a wildlife refuge by Bundy’s sons and their followers, has not gone well for the FBI either. An agent at the scene, W. Joseph Astarita, is now charged with five criminal counts after prosecutors say he falsely denied shooting twice at an occupation leader who was fatally shot by police, who said he appeared to be reaching for his handgun during a roadside encounter. The Bundy sons and five supporters who helped in the takeover were found not guilty of conspiracy and weapons charges, in another jarring setback for the government.

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