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.
2. "Much of the correspondence also occurred during a tense week…when Mr Rosen and his top deputies realized that one of their peers had plotted with Mr Trump to first oust Mr Rosen and then to try to use federal law enforcement to force Georgia to overturn its election..."
NYT
3 With the Georgia criminal investigation note:
House Oversight Committee also requests transcribed interview with former US Attorney for Northern District of Goergia Byung Jin Pak who, the Committee notes, resigned on Jan 3 "reportedly under pressure from the Trump White House"
2. I should spell out what I mean by the majority and minority view, which is about the pure question of law (#IHL). Not how it cashes out in this specific strike.
3. In short: Targeting such dual-use structures must include the civilian parts of the structure (eg the civilian apartments) in the proportionality analysis.
Note both the ICRC and ILA reports cite to US military manuals in support of the majority view.
"I know it's going to take a little bit of evolution…we could address concerns and make it a lot easier for folks to support it.” thehill.com/homenews/senat…
2. Senator Cassidy on his historic vote to convict President Trump in Senate impeachment trial.
“Our Constitution and our country is more important than any one person. I voted to convict President Trump because he is guilty.”
3. “Collins said she wants assurance that Republican commissioners can also hire staff -- something House Speaker Nancy Pelosi has said she is amenable to.”
"Neither DOJ nor the FBI have produced a single piece of paper in response to the requests sent by six House Committees, including this one, in March. Not a single piece of paper."