The only factor militating toward charging the former FBI deputy director is a sustained campaign of presidential agitation for his scalp.
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Editor’s note: This piece has been updated to reflect corrected climate survey responses we received from the FBI earlier today.
Here’s a dog-bites-man story: Amidst near constant presidential attacks on FBI officials, accusations of treason, congressional investigation, and suggestions of “deep state” malfeasance, morale is up at the FBI.
In his lawsuit against the Justice Department filed last week, former FBI agent Peter Strzok made an arresting claim:
On August 8, former FBI Deputy Director Andrew McCabe filed a complaint in the U.S. District Court for the District of Columbia against Attorney General William Barr and FBI Director Christopher Wray over McCabe’s demotion and dismissal from the FBI. The complaint alleges that the defendants' actions violated both McCabe’s First Amendment and due process rights. The complete document is available here and below.
The El Paso terrorist attack has revived interest in the possibility of making “domestic terrorism” a federal offense.
Former Special Agent Peter Strzok has filed a complaint in the U.S. District Court for the District of Columbia against Attorney General Bill Barr and FBI Director Christopher Wray, as well as the Justice Department and FBI, over Strzok's dismissal from the FBI and the release of Strzok's text messages with then-FBI employee Lisa Page. The complaint alleges violations of Strzok's First Amendment and due process rights, as well as a violation of the Privacy Act concerning the release of the text messages.
The former special counsel’s testimony is not ultimately important for any bombshells or revelations but for initiating the long-belated creation of an Article I record of the president’s conduct.
On July 23, the Department of Homeland Security expanded the scope of its expedited removal designation pursuant to its authority under the Immigration and Nationality Act. Previously, for undocumented migrants who crossed a land border into the U.S., the designation could only be applied if they were found within 100 miles of the border and could not prove a 14-day continuous presence in the U.S. The expanded designation can apply to undocumented individuals throughout the U.S. who cannot prove a two-year continuous presence in the U.S.
On July 23 at 10:00 a.m., the Senate Judiciary Committee will hold a hearing titled, ”Oversight of the Federal Bureau of Investigation.” The committee has called FBI Director Christopher Wray as a witness. A livestream of the hearing is available here and below.
On Friday, July 19 House Oversight and Reform Committee Chairman Elijah Cummings sent a letter to the U.S. Attorney’s Office for the Southern District of New York requesting information related to two questions: First, whether the Justice Department’s policy against indicting a sitting president at all influenced the office’s decision not to bring charges against the president for violating campaign finance laws in the Michael Cohen case; and second, whether the attorney general or other department leaders influenced these decisions.