The FBI’s problems start at the top, but they don’t end there
The FBI has what experts like Charles and Miller describe as a disproportionate number of Republicans and other conservatives. It’s also one where, if media reports are to be believed, some agents are openly and vocally supporting Trump’s candidacy.
In the words of one anonymous agent
quoted by the Guardian, some FBI personnel see Clinton as “the anti-Christ,” and “the reason why they’re leaking is they’re pro-Trump.” The FBI, the agent said, “is Trumpland.”
The willingness of some agents to break with FBI policies about discussing open investigations in the run-up to an election has been evident for days. The first leak came over the weekend, when unnamed sources
told the Wall Street Journal about a bitter power struggle between agents in the FBI’s New York office who have been probing the Clinton Foundation and career prosecutors in Washington charged with deciding whether to bring a case.
According to the Journal, the FBI investigators believed they had enough evidence to merit an aggressive investigation, using subpoenas and other powerful tools, into whether donors to the Clinton Foundation had received preferential treatment from Hillary Clinton’s State Department. Prosecutors in Washington, backed by some senior officials at the FBI, refused to greenlight the probe.
All government agencies leak, but comments from unnamed FBI officials carry extra weight because many Americans are predisposed to trust law enforcement more than they do other institutions like Congress or the White House. That’s part of what makes the FBI’s involvement in partisan squabbling so different — and so dangerous.
The next apparent leak came Thursday, when Fox News, citing unnamed sources,
reported that indictments were “likely” in the Clinton Foundation case.
“We talked to two separate sources with intimate knowledge of what's going on with the FBI investigations,” Fox News anchor Bret Baier said on air to his colleague Brit Hume. “The investigations will continue, there is a lot of evidence. And barring some obstruction in some way, they believe they will continue to likely an indictment."
According to a detailed
report by CNN, other news outlets almost immediately began pushing back at the Fox News story and saying no indictments were coming. Fox News originally stood by the reporting, but Baier later said he had spoken “inartfully,” implicitly walking back his own initial reporting. Baier made the retraction explicit on Friday,
calling his report “a mistake.” But the damage was done — Baier’s apology is getting much less coverage than his initial comments. As of Friday afternoon, the original, inaccurate story still appeared on
Breitbart and Sean Hannity’s
webpage.
Some in the Clinton campaign, meanwhile, say the Fox News report was leaked by the FBI to damage Clinton and ensure that negative stories about the foundation dominated another of the final days before the election. In a statement Thursday night, campaign spokesperson Brian Fallon
called on the FBI to publicly "put a stop to these baseless Fox News reports."
Douglas, the Penn State professor, says that the negative impact of Comey’s letter to Congress has been significantly magnified by the recent series of leaks.
“It seems unreasonable to conclude Comey is directly behind them, but it is reasonable to conclude he has lost control over the FBI,” Douglas said. “The leaks probably reflect a fractured FBI culture under his leadership where some partisan agents or employees have seen the director act in an apparently political manner and felt compelled or motivated to do the same, revealing their political biases, via leak.”
Miller, the former Justice Department spokesperson, said some FBI agents have “taken a really hard partisan line and are just kind of blinded by their anger and hatred toward Hillary Clinton.
“Comey through his conduct has sent a signal that it’s okay to treat Hillary differently,” he said. “When you see the director act that way, it frees up other agents to do the same.”
Kelly Langmesser, a spokesperson for the FBI’s New York field office, declined to comment on whether the bureau had opened an internal probe designed to find the leakers in her office who may have spoken to the Wall Street Journal and Fox News.
The end of the election is being dominated by leaks. That’s a problem.
We’re nearing the end of one of the nastiest presidential campaigns in US history, where the nominee of a major American political party has
called for jailing his opponent,
said he might not concede if he’s defeated at the ballot box, and
used openly anti-Semitic rhetoric to assert that a shadowy cabal of international financiers was working to rig the election and destroy the US.
The final days of the election, though, aren’t being used for a discussion of any of those issues, nor of the deep and substantive policy differences between Trump and Clinton. Instead, they’re being dominated by leaks, counter-leaks, and a growing partisan war over the independence of the FBI.
That is a dangerous path for the country to be going down, regardless of who wins the White House. If Trump is elected, he could theoretically use one of America’s most powerful security services to probe his rivals. Even if no charges were brought, simply complying with federal investigations is so costly that such probes would have a chilling effect on political dissent.
Trump and his top aides wouldn’t even have to explicitly order the FBI to take such steps. As Benjamin Wittes of the Brookings Institution wrote in
an essay for the blog Lawfare this past summer, a Trump administration would simply need to make sure that loyalists were put into key jobs like attorney general that shared the new president’s desire to go after his enemies and were able to read between the lines of what Trump said to understand what he wanted done.
A hostile FBI could also help derail a Clinton presidency. Hillary Clinton, if elected, would take office with at least two open FBI investigations into the activities of her family and closest aides. A constant series of leaks about the probes could damage Clinton’s public standing while handing Republicans on Capitol Hill new material to use in what GOP leaders have already
said will be years of Congressional investigations.
The FBI’s intrusion into politics also carries risks for the bureau itself. The FBI’s ability to do its work depends on the public at large, and the bureau’s overseers on Capitol Hill, seeing it as a nonpartisan entity that uses its vast powers without regard to political party or affiliation. An FBI that came to be seen as an extension of a Trump White House or a partisan opponent of a Clinton one would forfeit much of that moral and political standing.
Earlier this week, I asked Steven Aftergood, the head of the Federation of American Scientists' government secrecy program, about Comey and the other anti-Clinton leaks seeming to come out of the FBI.
“The FBI is a bad place because whether by design or not it’s interfering in the presidential campaign,” he said at the time. “People are arguing about Comey’s motivations, but speculation aside, the reality is that the FBI’s actions in the final weeks of the election have taken center stage, and that’s not where they should be.”
Aftergood made those comments Tuesday, before this latest round of anti-Clinton leaks by the FBI. His description of a bureau largely out of control was true then, and seems even truer now. There's no question disgruntled agents have violated the FBI's internal rules against secrecy. In less than a week, we’ll also know whether they impacted one of the most climactic elections in American history.