Trust and the FBI

Thomas Baker, a retired FBI agent, had some thoughts in the The Wall Street Journal about how to restore trust in the FBI. Naturally, I have some thoughts on those thoughts.

The centralization of case management at FBI headquarters. According to Florida Rep Matt Gaetz [R], an email from Mr McCabe said that Hillary Clinton would receive an “HQ special”—lenient treatment in the investigation into her handling of classified materials. Mr Wray has tasked Associate Deputy Director Paul Abbate to review how the bureau manages sensitive investigations.

That’s the wrong step. Director Wray needs first to explain why some investigations are more sensitive than others and then to eliminate that dichotomy.  All investigations are sensitive.  Or does Wray think some Americans are more equal than others?

Bad relations with Congress. The FBI needs to re-establish a climate of mutual respect with lawmakers. The “Gang of Eight”—congressional leaders and intelligence committee chiefs—is the time-tested vehicle for sharing sensitive information. The bureau should use it.

The only way the Bureau can be trusted to use it is with a 100% turnover of current FBI management.  And with a law requiring the FBI to turn over all materials subpoenaed—without redaction—within [24 hours] of the subpoena being issued.

A dysfunctional Foreign Intelligence Surveillance Act process. House Intelligence Committee Chairman Devin Nunes has said Congress will look at this after the midterm elections. But the FBI and Justice Department need not wait. They should adopt an internal standard to avoid the use of FISA to target an American citizen….

No.  Star Chambers, secretive or otherwise, have no place in a free republic. The FISA courts need to be done away with.  That should be the direction of Nunes’ “look at.”

A lack of emphasis on the Constitution. FBI special agents always have been instructed about the Constitution. But a new category of employee arose after 9/11. Intelligence analysts, who don’t directly interact with citizens in ways that touch on the Constitution’s guarantees, now play a major role in the bureau’s mission.  …  It is imperative that they, too, receive training about the Constitution.

No.  The FBI is a domestic police force, it is not a domestic spy agency.  Intelligence is the purview of the CIA, which already is enjoined (badly; enforcement needs to be stepped up) from domestic spying.  Leave the policing to the police and the spying to the spies.  Where there’s overlap, Congress and the public courts can work the question, Congress in the more general case and the courts on individual cases.

None of this will work though, without a wholesale replacement of FBI management from the middle layers all the way up.  Middle management on up and not just the leadership alluded to above because the cultural failure caused by the FBI’s politically appointed management has gone on for so long that it reaches that deep.  The fastest way to restore the FBI’s culture is to get rid of the current, dysfunctional culture’s practitioners and outright adherents.

It’s true enough that this will entail removal of some good people along with those who’ve failed their duty.  However, the failures within the Bureau are so rampant, wide, and deep that a scalpel cannot meet the task. The situation wants an axe.

Democracy

The Progressive-Democratic Party and the Left in general no longer believe in democracy, whether republican or popular.  Here’s Robert Reich, Labor Secretary in the Clinton administration:

The title of his piece is the gist of the position: Don’t Impeach Trump, Annul His Presidency.  Read past the irrational hysteria in his first several paragraphs, hysteria like this:

Even if he loses in 2020, we’ll be fortunate if he concedes without being literally carried out of the Oval Office amid the stirrings of civil insurgency.
Oh, and let me remind you that even if he’s impeached, we’d still have his loathsome administration—Pence on down.

and you get to the meat of his—and their—demand.

Suppose, just suppose, Robert Mueller finds overwhelming and indisputable evidence that Trump conspired with Putin to rig the 2016 election, and the rigging determined the election’s outcome.
In other words, Trump’s presidency is not authorized under the United States Constitution.

What then? Impeachment isn’t enough.

He went on:

Impeachment would remedy Trump’s “high crimes and misdemeanors.” But impeachment would not remedy Trump’s unconstitutional presidency because it would leave in place his vice president, White House staff and Cabinet, as well as all the executive orders he issued and all the legislation he signed, and the official record of his presidency.
The only response to an unconstitutional presidency is to annul it. Annulment would repeal all of an unconstitutional president’s appointments and executive actions, and would eliminate the official record of the presidency.
Annulment would recognize that all such appointments, actions, and records were made without constitutional authority.
The Constitution does not specifically provide for annulment of an unconstitutional presidency. But read as a whole, the Constitution leads to the logical conclusion that annulment is the appropriate remedy for one.
After all, the Supreme Court declares legislation that doesn’t comport with the Constitution null and void, as if it had never been passed.
It would logically follow that the Court could declare all legislation and executive actions of a presidency unauthorized by the Constitution to be null and void, as if Trump had never been elected.
The Constitution also gives Congress and the states the power to amend the Constitution, thereby annulling or altering whatever provisions came before. Here, too, it would logically follow that Congress and the states could, through amendment, annul a presidency they determine to be unconstitutional.

[The Trump Presidency] should be annulled.

Here are the Party and the Left—anyone from either of the two heavily overlapping groups—decrying their man’s demands.  By their studied silence are they known to agree.  That Reich’s piece is so irrational does not bother them in the least.  Nor does his desire to completely rewrite history to a depth and breadth that would shame the leadership of the erstwhile Soviet Union and the ongoing People’s Republic of China.

That irrationality, however, is a threat to our great republican democracy.  Remember this in the fall.

“I followed my heart”

Ohio State University has suspended its head football coach and its Athletic Director after an internal investigation substantiated their failure to properly handle a football staffer’s domestic abuse allegation.

Now-former Wide Receivers Coach Zach Smith was accused of abusing his wife three years, they divorced two years ago, and Smith was fired earlier this year after an Ohio court granted Smith’s wife a domestic violence protective order.

Urban Meyer, the suspended (but not yet disgraced—OSU still has him on their payroll and in his head coaching role—head football coach said he tried to keep Smith on staff

out of loyalty to former Buckeye coach Earle Bruce, Smith’s grandfather and a man Meyer described as “a mentor and like a father to me.”

Meyer also said of the failure

I followed my heart, not my head.

What kind of heart uses loyalty to an abuser’s grandfather as an excuse for not acting on the abuser’s abuse?

Abuse and Disinformation

Facebook is claiming to be adding a new tool for fighting these on its platform.

The Ad Archive API will allow researchers, journalists, publishers, and watchdog groups to efficiently analyze and search for ads to determine if anything untoward is happening.

Who, though, are going to be authorized access to the databases—which researchers, journalists, publishers, and watchdog groups, and what selection criteria will be used?  We’ve already seen how Facebook, under the guise of identifying what it’s pleased to call fake news, has selected “fact checkers” almost exclusively from the Left (a few tokens from the right have been invited)—Associated Press, Snopes.com, ABC News, and Politifact—as a mechanism for making the identification and then deleting the allegedly fake material.

We’ve also seen how, using this new capacity, Facebook censors and deletes Conservative posts and suspends Conservative accounts, and on being caught claiming “mistake” and undoing the deeds.  And continuing to make those “mistakes” apace.

Given Facebook‘s history of this, on what basis would we think this latest move has value?

Voting and Respect

I received a text message from a representative of Beto O’Rourke, Texas’ Progressive-Democratic Party US Senate candidate:

Hi Edward, this is [the rep] volunteering w/ Beto O’Rourke’s campaign for US Senate. We’re texting Texas voters today about the upcoming November election. Will you be voting for Beto O’Rourke or Ted Cruz for Senate?

I texted her back:

I’ll be voting for the one who respects our flag, our national anthem, and generations of veterans who have fought, been maimed, and killed to defend the rights of others, in the words of John Kerry, to be stupid.

You might find my blog interesting: APlebesSite.com.