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."
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.
Boat strikes put U.S. service members in legal jeopardy:
"Some junior officers have asked military lawyers, known as judge advocates general or JAGs, for written sign-off before taking part in strikes .... It does not appear that such memos were furnished."
2/ "Career military and civilian lawyers in the Defense Department and lawyers at other agencies who might otherwise be involved in the deliberations have left government or been excluded from the discussions."
3/ "Lawyers at the NSC, State Department, Justice Department and the Pentagon earlier this year questioned the legal basis for military strikes on cartels without authorization from Congress, and for a while were able to forestall action."
It’s important to understand why DOJ indictment of John Bolton seems very different than Letitia James and Jim Comey indictments.
1. Biden administration opened the criminal investigation of John Bolton in 2022. It's been detailed investigative work ever since.
CNN⤵️
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2. Yes, the Biden DOJ did not indict Bolton. But they also did not close the investigation.
Plus CNN reports: “Unlike prosecutions brought against Comey and James, the Bolton case has maintained the support of career prosecutors and investigators.”
3. The Bolton Indictment is signed by career prosecutors (unlike James and Comey indictments).
Federalized Texas and California Guard to Portland is a "DIRECT CONTRAVENTION" of court's TRO from Saturday.
Both on 12406 statute and Tenth Amendment grounds.
2/ Your reminder that Judge Immergut was appointed to the bench by President Trump.
3/ The new Temporary Restraining Order bars the deployment by the Trump administration of any federalized National Guard -- eg California or Texas National Guard -- in Portland.
@charlie_savage @EricSchmittNYT 3/ "The administration has also stressed that about 100,000 Americans annually die from overdoses.
However, the focus of the ..attacks has been boats from Venezuela. The surge of overdose deaths...has been driven by fentanyl that drug trafficking experts say comes from Mexico"