Ryan Goodman Profile picture
Former Special Counsel @DeptofDefense. Co-editor-in-chief @just_security. Chaired Professor NYU Law. Former Chaired Professor Harvard Law. Co-director @RCLS_NYU

Jun 17, 2021, 10 tweets

<thread>

In @PostOpinions, former FBI General Counsel @AWeissmann_ and I assess FBI Director Wray's two days of testimony on #Jan6.

First, Wray failed to explain FBI policy on social media monitoring that may be "galling to lawmakers" when they find out.
washingtonpost.com/opinions/2021/…

2. Watch👇

@AOC: Does FBI monitor social media to combat violent extremism (such as threats to Capitol on social media pre-#Jan6)

Wray: DOJ policy prevents FBI without "proper predication"

DOJ policy: Can monitor social media WITHOUT predication for special events (like Jan 6)

3. Watch👇

@RepSwalwell: Does FBI have authority to monitor open source websites/social media where groups post about threats?

Wray: Att'y General Guidelines prevent FBI without "proper predication"

A.G. Guidelines: Can monitor WITHOUT predication for special events (eg #Jan6)

4. Here's a screenshot of those Attorney General Guidelines, which clearly state:

FBI Assessments are permitted for special events (obviously like certification of election at US Capitol).

Assessments authorize FBI scanning Internet for this content and, indeed, encourage it.

5. Note how closely Wray’s words in response to Swalwell (June 10) match Wray’s words in response to AOC (June 15).

Sounds like he carefully scripted his response in advance of the hearing.

Which would be extremely disappointing given how misleading the response is.

6. Wray vs. Wray

Watch👇

June 10: @RepSwalwell asks if social media company sent any tip to FBI warning of threat to Capitol.

Wray's response is VERY different when…

June 15: @RepMaloney reveals social media company Parler sent FBI tips of threats to Capitol. Wray admits it.

7. This by Wray is also galling

@RepCori questions how FBI action towards #Jan6 compare to FBI action towards #BLM in summer

Wray's response is basically: I came unprepared to recall what FBI did with BLM in summer

The question is foreseeable and hugely important to J6 inquiry

8. Wray must know answer to that specific Q.

Instead American public gets this:

“As far as the summer, sitting here right now, I know this is a hearing on Jan. 6, I just don't remember what products or intelligence assessments we did or didn't do over the course of the summer."

9. Wray is now part of the Garland @TheJusticeDept.

Wray's approach to Congress and to the public seems highly inconsistent with commitments #Garland made during his confirmation hearing. Commitments to transparency and responsiveness.

Memorable exchange with @SenWhitehouse👇

10/10. There's a lot more in @AWeissmann_ and my op-ed in the Washington Post.

I discussed several of these ideas today with @FrankFigliuzzi1 @BarbMcQuade @djrothkopf on @deepstateradio.

link to podcast: podcasts.apple.com/us/podcast/nea…

washingtonpost.com/opinions/2021/…

[End]

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