FBI Is Bracing for Adversarial Oversight in the House That Democrats Failed To Use

Jim Jordan sends a letter to Director Wray.

AP/Charlie Neibergall, file
The FBI director, Christopher Wray, at Omaha, Nebraska. AP/Charlie Neibergall, file

After Republicans won a narrow majority in the House of Representatives in the midterms, the FBI is now bracing for the kind of adversarial oversight in Congress that Democrats have not delivered in the last four years.

While the specifics are still coming into view, a major theme will be allegations that the rank and file of the FBI has become politicized in favor of the Democratic Party and a broader progressive agenda.

On November 2, the likely chairman of the next House Judiciary Committee, Representative Jim Jordan, wrote to the FBI director, Christopher Wray, to say that Republicans intend to “continue to examine the politicization and bias at the FBI.”

That letter urged Mr. Wray to comply with a series of document and information requests from the committee’s Republicans the FBI has thus far declined. In January, those requests will have the power of a congressional subpoena behind them.

The areas of interest for Mr. Jordan and his colleagues run the gamut. They have requested a briefing on the investigation into the unexploded pipe bombs found at the headquarters of the Democratic National Committee and the Republican National Committee on January 6, 2021.

There are also outstanding requests for the FBI to produce an unredacted copy of a 2019 audit of its domestic investigations and audits. Mr. Jordan also wants the FBI to explain why, on four occasions in 2021, its agents accessed the contents of digital dragnet searches without approval of the Department of Justice’s secret surveillance court.

Some of the future GOP oversight will build on work other Republicans have conducted in the last two years. As I wrote in my August 15 column, Senate Republicans have heard from whistleblowers that allege the chief of the bureau’s Washington field office, Timothy Thibault, improperly sabotaged an investigation into the president’s son, Hunter Biden, in 2020.

The chief executive of Meta, Mark Zuckerberg, confirmed on Joe Rogan’s podcast that the FBI warned the parent company of Facebook that the New York Post scoop about Mr. Biden’s infamous laptop could be Russian disinformation. That warning prompted Facebook to throttle the distribution of that story on its network.

All of this is no doubt important. At the same time, it risks missing the forest for the trees. The problem with the FBI in recent years has been the failure of the institution and the justice system in general to hold its own accountable.

Consider that — after multiple inspector general audits that found the FBI agents routinely failed to verify facts submitted to the secret surveillance court that grants warrants to spy on American citizens suspected of terrorism or espionage — not a single senior official who vouched for these applications has been punished.

The only FBI official to be indicted for defrauding the surveillance court, a lawyer named Kevin Clinesmith, received a slap on the wrist. He served no jail time and last year his law license for the District of Columbia was restored by the District of Columbia Bar.

This culture of impunity combined with policies that empower local agents to launch wide-ranging investigations with little oversight from the justice department is the problem. Two former deputy attorneys general, Rod Rosenstein and Sally Yates, signed three of the four surveillance warrant applications against Carter Page that were found out to be riddled with deceptions and errors, according to the justice department inspector general.

In 2020, Mr. Rosenstein and Mrs. Yates testified that they would not have signed those applications had they known what was unearthed by the inspector general in 2019. Yet it was their job to check the work of the FBI. Clearly Mr. Rosenstein and Mrs. Yates failed.

Let Democrats defend senior justice department officials who allowed the FBI to defraud the surveillance court, if they dare. Meanwhile, Republicans can begin to impose reforms to keep the bureau in check.


The New York Sun

© 2024 The New York Sun Company, LLC. All rights reserved.

Use of this site constitutes acceptance of our Terms of Use and Privacy Policy. The material on this site is protected by copyright law and may not be reproduced, distributed, transmitted, cached or otherwise used.

The New York Sun

Sign in or  create a free account

By continuing you agree to our Privacy Policy and Terms of Use