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From reputation to disgrace: Ways for the FBI and Justice Department to regain their footing

From reputation to disgrace: Ways for the FBI and Justice Department to regain their footing

I first crossed paths with James Comey back in 1990. He was the deputy chief of the Criminal Division in the Southern District of New York, working with the FBI. At that point, he was leading a highly driven group of prosecutors, and he was quite well-known among both Rhein’s attorneys and the agents.

Fast forward to now, and Comey has arguably done more than anyone to undermine the credibility of the FBI and tarnish its reputation. Like many who were part of the agency during my time, I feel a profound disappointment. It’s hard not to feel angry, honestly, seeing an organization I once believed in crumble internally.

On September 25th, a judge from Federal University Juju handed down a two-count indictment against Comey for perjury and obstruction. Yet, the circumstances leading to this indictment don’t really instill much faith in its potential success.

For instance, the firing of President Trump’s attorney in the Eastern District of Virginia came about due to complaints that suggested Attorney General Leticia James, Comey, and others lacked sufficient evidence for criminal charges.

Then there are the alternatives being suggested for Trump: like an insurance attorney with no prosecutorial experience. That seems like a rather questionable choice, doesn’t it? This follows the President’s earlier social media criticism of Attorney General Pam Bondi for not pursuing his political adversaries.

Comey’s record as FBI Director is, well, quite extensive and not exactly commendable. Several reports from Justice Department inspectors have painted him in a negative light.

Remember back in July 2016? Comey made that controversial announcement that seemed to overstep the authority of the Attorney General regarding charges against Hillary Clinton for using private email servers for official government business.

At the same time, he felt compelled to lecture the public, claiming “there is no reasonable prosecutor” who would take the case, even if Clinton’s handling of classified emails was, in his words, “very careless.” By doing this, he further strayed from Department of Justice protocol by publicly dissecting Clinton’s actions.

Justice Department inspectors have been quite harsh in their critiques of Comey, accusing him of misusing sensitive FBI documents in a way that served his personal agenda, especially after his firing when he shared details of conversations with Trump.

The term perjury seems to tie back to his testimony in May 2017 during a Senate Judiciary Committee, where he insisted no one at the FBI could leak details about the investigations involving Trump and Clinton. However, a 2018 Department of Justice Inspector General Report revealed that Deputy Director Andrew McCabe stated Comey actually allowed him to share information with the press. The Inspector General’s report concluded that McCabe made misleading statements.

Further findings suggested ongoing systemic issues during Comey’s tenure, specifically regarding lapses in the Foreign Intelligence Surveillance Act applications throughout the Russia investigation.

After his dismissal, Comey tried to reposition himself as a moral beacon for some followers while perhaps inflating his own ego. He even wrote a book about ethical leadership, which, to be honest, I found pretty disheartening. He might speak eloquently about leadership, but it’s hard to see him actually embodying those values.

Comey’s court date feels more like a spectacle than a substantive legal matter. He’s portrayed as a noble figure, and that support, I suspect, comes from those who only see one side of him. This situation really emphasizes how divided our country has become.

Whether we’re talking about James Comey, former CIA director John Brennan, or Senator Adam Schiff, there’s a strong need for government officials to be held accountable for their decisions in office. If federal laws may have been violated, the FBI has a responsibility to investigate and present clear evidence for prosecution. This should be based on facts, rather than political bias or personal opinions. Otherwise, it undermines the concept of equal justice.

Moreover, FBI directors, Justice Department officials, and even the President should absolutely avoid public comments, especially on social media, regarding ongoing investigations or indictments. The integrity of the Department of Justice shouldn’t be compromised by anyone pushing for specific prosecutions.

To rebuild public trust in the FBI and the Department of Justice, they need to let their actions speak for themselves. There’s no need for grand statements about transparency. Staying behind the scenes, rather than in the spotlight, might be the better choice. And please, steer clear of social media.

Mark D. Ferbrache was an FBI agent focusing on white-collar crime investigations from 1983 to 2011. He later served in the National Security Agency and the CIA’s Counterterrorism Center. He now works as a contractor for the Intelligence Reporting Community in the U.S.

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