Ryan Goodman Profile picture
Jun 17, 2021 10 tweets 8 min read Read on X
<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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More from @rgoodlaw

Nov 3
Today, Trump-Hegseth run out of time on War Powers Resolution and boat strikes.

DOJ has come up with a theory why the law does not apply.

It's wrong, and per this article, several GOP Senators and a Trump cabinet member flat rejected that theory when Obama tried it in 2011.
1/ Image
2/ In 2011 Libya operation, Obama tried the same theory as part of a four-factor test. Trump does not even have three of those four factors.

On the fourth one, which Obama tried (and now Trump does) there was very strong bipartisan pushback including from ...

Kristi Noem... Image
3/ In 2011, those in Congress who flat rejected the Obama (now Obama-Trump) theory of "hostilities" on War Powers Resolution included:

@SenMikeLee
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@SenatorTimScott
@SenCapito

@KristiNoem

Standing by principle, ...
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Oct 24
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." Image
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."
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Read 4 tweets
Oct 19
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⤵️

🧵 Image
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.” Image
3. The Bolton Indictment is signed by career prosecutors (unlike James and Comey indictments). Image
Read 6 tweets
Oct 6
What was the real message at Quantico?

Janine Davidson (former Undersecretary of Navy and former Chair of Defense Policy Board) discusses:

The domestic paradigm shift in President Trump's addressing Active Duty military leaders with National Guard Adjunct Generals excluded.
🧵 Image
2/3 source:

Trump’s Outline of a Domestic War - The real message from Quantico
justsecurity.org/121940/trumps-…
3/3 audio version via Just Security's Out Loud series

buzzsprout.com/2509956/episod…
Read 4 tweets
Oct 6
Judge Immergut in Oregon v Trump now:

"I grant plaintiffs second motion for a TRO."

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.
Read 4 tweets
Oct 2
“This is not stretching the envelope,” Geoffrey Corn said. “This is shredding it."

On Administration's confidential note to Congress

Completely right

Drug cartels not = "armed conflict"
People killed are civilians

Corn is retired JAG, Army's former law-of-war senior adviser Image
2/ source:

Trump ‘Determined’ the U.S. Is Now in a War With Drug Cartels, Congress Is Told

A notice calls the people the U.S. military recently killed on suspicion of drug smuggling “unlawful combatants.”

By @charlie_savage @EricSchmittNYT
nytimes.com/2025/10/02/us/…
@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" Image
Read 4 tweets

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