Tag Archives: Federal Bureau of Investigation

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Yes, Virginia, There is a Deep State

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FBI Badge & gun.
FBI Badge & gun. (Photo credit: Wikipedia)

Since the “Russiagate” probe began, US president Donald Trump and his supporters have used lots of bandwidth raging against what they refer to as the “Deep State.” Does the Deep State exist? If so, what is it, and are its forces arrayed specifically against Donald Trump and  his administration?

Yes, the Deep State exists — probably more so at one end of its numerous definitions and less so at the other, but to some degree at both ends.

At the seemingly more benign end, the Deep State is simply what one might think of as the “permanent government” — the army of bureaucrats and functionaries whose careers span multiple administrations. Like all career employees of large organizations as groups, they tend to fear and resist change, and their sheer mass has an inertial effect. They energetically do things the old way and drag their feet on new things.

At the end dismissed by mainstream commentators as “conspiracy theory,” the Deep State is an invisible second government which acts in a coordinated manner to protect its prerogatives and advance its interests and favored policies versus changes supposedly demanded by “the people” via their elected representatives in Congress and the presidency. The premier example of this view is the claim that John F. Kennedy was assassinated by the CIA and the military industrial complex because (in one version) he was about to get the US out of Vietnam.

If that end of the spectrum sounds crazy to you, consider:

Former FBI attorney Lisa Page and former FBI deputy counterintelligence chief Peter Strzok, while working on a pre-election investigation into alleged collusion between Donald Trump’s presidential campaign and the Russian government, exchanged text messages with incendiary content such as “there’s no way [Trump] gets elected — but I’m afraid we can’t take that risk.”

In mid-May, it emerged that an FBI informant approached two or three (reports vary) advisers to Trump’s campaign during the same period to pry into those advisers’ alleged ties to the Russian government.

Is President Trump stretching the reports we’ve seen when he tweets “Reports are there was indeed at least one FBI representative implanted, for political purposes, into my campaign for president. It took place very early on, and long before the phony Russia Hoax became a ‘hot’ Fake News story?”

Well, maybe. But not by much. On any fair reading, those two stories combined do look a lot like the second definition of Deep State skulduggery. The FBI was meddling in — acting to influence or in extremis overturn — a US presidential election (sound familiar?). The messages between Page and Strzok color that meddling as intentional Bureau political action, not as incidental investigative fallout which just happened to touch on the election.

While I disagree with President Trump on most issues, it’s hard to disagree with him when he rails against a transparently political witch hunt that has dragged on for more than a year visibly and for months before that beneath the surface. The Deep State is real. And dangerous.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

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Bye, Bye, FBI? The Case for Disbanding the Federal Frankenstein’s Monster

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English: Standing on Pennsylvania Avenue NW an...
English: Standing on Pennsylvania Avenue NW and look up F Street NW at the J. Edgar Hoover Building, the headquarters of the Federal Bureau of Investigation in Washington, D.C., in the United States. Español: Edificio J. Edgar Hoover, la sede de FBI (Photo credit: Wikipedia)

The Federal Bureau of Investigation is always under fire for something. As of late January, that something is destruction of evidence. Text messages between agents involved in the Bureau’s investigations of Hillary Clinton and Donald Trump, from a key time frame during the presidential transition,  are missing. Congress, the Bureau, and the US Justice Department are at each other’s throats over the missing messages and what they might say.

It’s far from the first time, as James Bovard points out at The Hill. In 1973, acting FBI director Patrick Gray was forced to resign for destroying evidence in the Watergate investigation. After the 1992 murder of Vicki Weaver by an FBI sniper, an FBI division chief went to prison for destruction of evidence in that case.

The FBI has  had 110 years to prove its worth. A dispassionate look at its history says that it’s far more often served as a center for blackmail, corruption, and political manipulation than as anything resembling a legitimate law enforcement agency.

In fact, it was a bad idea in the first place.

The FBI — then merely the Bureau of Investigation, or BOI — was created during a congressional recess and without congressional approval by the Attorney General in 1908 for purposes of “investigating” (read: Drumming up a scare over) the role of prostitution in “white slavery,” a forerunner of today’s “human trafficking” panic. It’s pretty much gone downhill from there.

The US Constitution defines only three federal crimes: Treason, piracy and counterfeiting. The first two are military matters and the third is handled by the Secret Service. There’s no room for an FBI in a constitutional law enforcement scheme.

One excuse for keeping the FBI going has been to facilitate investigations of crimes with an interstate angle. But given today’s technology, the states could presumably set up their own clearinghouses to exchange information and track down cross-border bank robbers and kidnappers. The FBI is just another bureaucratic layer inserting itself between the commission of a crime and the arrest of those thought to be responsible.

While the FBI has no particularly compelling, or even legitimate, mission, it certainly has its illegitimate uses. It’s probably not going too far to think of J. Edgar Hoover, the FBI’s first director, as having been a sort of shadow president for much of his 48 years of service. He used agents to get the goods on aspiring political leaders, and apparently used that information to get what he wanted from them both for the Bureau itself and in public policy generally.

One big problem with a federal law enforcement agency as big and well-funded as the FBI is that at some points it’s almost certain to stop working for the rest of the government and start running the rest of the government. Election? Who needs an election? Just ask J. Edgar what to do.

Unfortunately, the second big problem with such an agency is that it’s hard to get rid of after more than a century of nearly uncontested power.

But we should try.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

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Farook’s Phone: The FBI versus Apple (and Everyone Else)

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The Federal Bureau of Investigation wants to know what’s on Syed Farook’s Apple iPhone. As the old saying goes, people in hell want icewater too.

The San Bernardino killer’s phone is encrypted. More than ten attempts to guess the correct six-digit pass code (out of a million possibilities) will result in destruction of all data on the phone. They’re stuck. At least they say they are (I’m skeptical). They want Apple to help.

Forcing Apple to do so would be a simple matter of issuing a subpoena if the company had the information in question, but it doesn’t. So the FBI wants Apple to create an entirely new version of its operating system that allows them to bypass the ten-try limit. And  a federal judge, citing an 18th century law called the All Writs Act, has ordered Apple to just that.

As I write this, Apple has, quite reasonably, refused the demand. Presumably there’s a court battle in the offing.

Apple should win in the courts, and in any event what the FBI is demanding should be impossible. If what the FBI is demanding isn’t impossible on this generation of iPhones, Apple should be working overtime on a system update that MAKES it impossible , just in case the courts side with the FBI.

This is not about Syed Farook, nor is it the equivalent of a demand to hand over the key to an apartment because the cops have a search warrant. This is about you, and it’s the equivalent of a demand to hand over the keys to 700 million apartments just in case the cops ever take a notion to rummage around in your closet.

Am I worried? No, and yes.

No, because if Apple folds and does the FBI’s will, people who value their privacy will simply switch to devices and/or third party encryption software that neither the FBI nor Apple can compromise in that particular way.

Yes, because this is a red line in terms of precedent. The US government has been at war on the rights and the privacy of every phone and computer user in the world for decades, but this is an open declaration of that war, the moment when the gloves come off.

The state doesn’t own your phone. The state doesn’t own your data. The state doesn’t own YOU. Time to put the tyrants on notice: We’re all out of icewater, fellas.

Thomas L. Knapp is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

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