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Reform isn’t enough; get rid of the FBI Harvey Silverglate
msn.com ^ | Dec 7, 2021 | Harvey A. Silverlate

Posted on 08/17/2022 7:07:12 AM PDT by KeyLargo

Historically, the problem with the Federal Bureau of Investigation has not been one of leadership but of culture. Directors come and go; the culture remains. That culture is one of “us versus them,” very insular, functioning under its own unwritten rules. There are periodic calls for reform, but these are Band-Aids covering a serious gunshot wound. As an experienced criminal defense lawyer, I’ve concluded that the FBI must be abolished and its duties assigned to a new agency.

Consider an example from my own law practice....

(Excerpt) Read more at msn.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: abolish; abolishdojfbitrump; chat; doj; fbi; learnhowtopost; silverlate; trump
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Very good explanation of why the FBI should be abolished. Written nine months ago.

“The culture at the top seems incapable of using the powers entrusted to it with discretion and good judgment… The agency should be scrapped and something new built to replace it.”

Amen to that.

Harvey Silverglate is a Boston-based criminal defense and civil liberties lawyer.

1 posted on 08/17/2022 7:07:12 AM PDT by KeyLargo
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To: KeyLargo

The USA, UK and France should have simply reformed the Gestapo in 1945

Because corrupt and politically biased state-security agencies are so ammenable to change!!!

LOL.


2 posted on 08/17/2022 7:13:51 AM PDT by PGR88
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To: KeyLargo

FEFUND the FBI in the meantime.


3 posted on 08/17/2022 7:13:52 AM PDT by SmokingJoe
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To: SmokingJoe

FEFUND = DEFUND


4 posted on 08/17/2022 7:15:24 AM PDT by SmokingJoe
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To: KeyLargo

The building would make a nice hotel. Top floor restaurant. with indoor outdoor pool.


5 posted on 08/17/2022 7:18:28 AM PDT by kvanbrunt2
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To: KeyLargo

Disband it and move its functions into the US Marshals


6 posted on 08/17/2022 7:20:46 AM PDT by Mr. K (No consequence of repealing obamacare is worse than obamacare itself)
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To: KeyLargo

The FBI still has good people some are coming forward as whistleblowers


7 posted on 08/17/2022 7:24:11 AM PDT by butlerweave
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To: PGR88

LOL


8 posted on 08/17/2022 7:24:52 AM PDT by KeyLargo
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To: KeyLargo

Regarding the author, someone had written that more defense attorneys should be elected officials rather than prosecutors. Although I would prefer attorneys not be involved in making law, I can now see the point. Where defense attorneys are associated with the guilty getting free on technicalities, the government should have a better mindset regarding civil liberties. Prosecutors represent the government against the citizen, and we’ve seen how that’s worked out lately.


9 posted on 08/17/2022 7:25:41 AM PDT by GOP_Party_Animal
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To: PGR88

The Gestapo had the courtesy to knock first.


10 posted on 08/17/2022 7:28:53 AM PDT by Ken H (Trump /DeSantis)
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To: GOP_Party_Animal
San Francisco was the first city to elect a defense attorney as the District Attorney when they voted for Terrance Hallinan in 1996. Since then, Hallinan was replaced by Kamala Harris, and Harris was replaced by George Gascón.

How did electing a defense attorney work out for San Francisco?

-PJ

11 posted on 08/17/2022 7:32:36 AM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: KeyLargo
the FBI must be abolished and its duties assigned to a new agency.

How would the new agency be prevented from arriving at exactly the same state the FBI is in now?
12 posted on 08/17/2022 7:33:37 AM PDT by AnotherUnixGeek
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To: GOP_Party_Animal

Midterms 2022
Louie Gohmert claims Justice Department and FBI using ‘Gestapo tactics’
by Naomi Lim, White House Reporter |
| June 16, 2022 03:10 PM

NASHVILLE, Tennessee — Rep. Louie Gohmert (R-TX) ripped the Department of Justice and the FBI for lacking moral clarity, likening some law enforcement actions to “Gestapo tactics.”

“They think it’s OK to lie, especially if you’re going after Republicans,” he said Thursday at a conservative conference. “Is it reasonable or even moral for the FBI to bust down doors in the middle of the night of people that have never done anything violent, never done anything threatening?”

He added, “These are Gestapo tactics that have been incorporated in our own country, and it’s got to stop.”

For Gohmert, the country “dodged a bullet” when then-Senate Majority Leader Mitch McConnell blocked Attorney General Merrick Garland from being confirmed to the Supreme Court.

“The DOJ has got to admit they’re out of control, and they’ve got to get back to following the Constitution,” he said.

Gohmert also urged schools to return to teaching morality and discussing God in classrooms, asserting that “there’s only one true source of morality.”

“We’ve got to ensure that students learn America is the last home for freedom in the world,” he said. “And the only reason we have freedom in America is because of the grace of almighty God.”

https://www.washingtonexaminer.com/news/house/louie-gohmert-justice-department-fbi-gestapo-tactics

Gohmert made the comments during the opening day of the Faith and Freedom Coalition’s Road to Majority conference. The annual gathering is held to help conservative groups drive voter engagement and turnout in elections.


13 posted on 08/17/2022 7:34:12 AM PDT by KeyLargo
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To: KeyLargo

Maybe the building would make a great home for the homeless.


14 posted on 08/17/2022 7:36:14 AM PDT by Highest Authority (DemonRats are pure EVIL)
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To: KeyLargo
My solution to this is to dismantle the FBI as we know it today and replace it with a decentralized investigative body organized by the states.

I'm reposting my idea from March 5, 2018 (reformatted for easier reading):


As I was reading this article (As D.C. Corruption Mounts, Here’s How The American People Can Get Justice), I was beginning to think of a solution that was close to where the author ended up.

What if the FBI were disbanded as a federal agency, and replaced by a different organization that was populated by the states themselves?

  1. Each state would delegate a number of investigators to serve at the pleasure of their home state, and this body would become a decentralized federal investigative bureau, managed by the states.
  2. As is with the militia, the Constitution provides for calling up the militias for national service, but the officers are selected by the states.
    • It isn't a stretch to declare that state militias have investigators as a component of a military police, perhaps made up of local police department detectives who are also in the state national guard reserves.
    • Use the militia clause in the Constitution to call up the state militias' investigative arms for federal service, with state appointed officers.
    • Each state can create a branch of their militia as MPs, or detectives. These people would report to militia officers appointed within each state, and then these militia branches (officers and detectives) would be called up at the request the Commander-In-Chief and approval by Congress (Article I Section 8: "to provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions,") to serve a national priority such as investigating a particular federal crime, under the authority of state officers, not federal bureaucrats.
    • The state officers will report directly to the Commander-In-Chief (Article II Section II: "The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States").
  3. Once the investigation is complete, the investigating team is released back to the states.
    • If a crime occurred in one state, then the militia police from another state can be called up to investigate.
    • Several investigations across several states can operate in parallel, if needed.

Root cause analyses looks for systemic causes of failures, not behavioral causes.

  1. Part of that review is identifying the protective systems that were in place to prevent what happened from happening, and to brainstorm additional protective systems to catch whatever still slipped through.
  2. Management enforcement of process compliance with consequences for failure to comply is a protective system.
    • Lax management enforcement of process compliance might be a systemic cause if the fix were to reinforce the importance of process compliance and put consequences on management for lack of process discipline.
    • However, in the recent examples of FBI failure, management was not lax in oversight, they were also complicit actors in avoiding the process. This is still behavioral, so the systemic root cause is not yet found.
    • I'm going to suggest that the systemic root cause of the recent FBI disfunction is the "independent" nature of the FBI itself.
      • This was magnified by the behavioral causes that top management felt they were unaccountable to anyone;
      • that a single ideological mindset became established through years of political appointments that controlled the hiring practices of lower-level staff;
      • that using management reinforcement to correct the root cause was ineffective given that management was a part of the problem, if not leading the effort.
  3. Therefore, we must look to other protective systems for corrections.
    • One protective system is the Inspector General. While this seems to be working now, in hindsight it doesn't seem to have been effective at the time the actions were taking place.
      • When the bad actors are the top management itself in a department, an IG is too easily bypassed. Therefore, a new protective system must be put in place.
  4. My proposed corrective system is to replace a federal-centric FBI with a state-centric investigative agency.
    • This agency would have distributed leadership, since by following the militia model in the Constitution, the "officers" would be selected by the states and would be subject to recall at the whim of the home state.
    • A single monolithic mindset cannot become entrenched, since concerned states can replace their officers at any time.
    • I suggested attaching this investigative militia to the Commander-In-Chief directly on a case-by-case basis, with some provision for a senior officer hierarchy to manage separate state contingents.
    • Since Congress has the authority to call up the militia, but the President is the Commander-In-Chief of the militia, there is a check-and-balance already in place.
      • If a state investigative team finds evidence of a crime, the President can refer charges to the Department of Justice for further prosecutorial action.
      • There would be no need for a Special Prosecutor, as the investigative arm of the called up militia units can do this.
      • The Department of Justice can aid the investigations with grand juries, and criminal referrals would be passed along to the Department of Justice for action.
    • The President can then release the militia units back to the states, preventing a runaway special prosecutor from expanding the scope of the investigation.
    • "Process crimes," such as lying to the FBI, would go away as an especially nefarious tool of an over-zealous prosecutor.

A decentralized national investigative structure, called up by Congress (not the Department of Justice) and overseen by the states, but with state officers reporting to the commander-in-chief on a case-by-case basis, may be the best way to restore confidence that such an agency is not corrupted by national party bloc interests.

-PJ

15 posted on 08/17/2022 7:36:25 AM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: Mr. K

“Disband it and move its functions into the US Marshals.”

Except that with the added work-load, the US Marshals Service will need more deputy marshals and will hire ex-FIB agents to fill the positions, who will then poison the US Marshall Service like Californians moving to Texas.


16 posted on 08/17/2022 7:41:10 AM PDT by Labyrinthos
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To: KeyLargo

The problem is what is entrusted to them. Putting something new or moving it just moves the problem. There is no real over sight. They classify themselves out of things that should put people in jail. It is now classified material that never sees the light of day.

We have a media that willfully plays along with them when it fits their narrative. We have congress who has no power to do anything about the issues since the DOJ works hand-in-hand with the FIB.


17 posted on 08/17/2022 7:41:18 AM PDT by pas
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To: Political Junkie Too

Home Police State Ten Crooked And Corrupt Things The FBI Has Done
Ten Crooked And Corrupt Things The FBI Has Done
Christian Political Party March 23, 2016 Police State

Ten Crooked And Corrupt Things The FBI Has Done

Though the FBI is often credited with solving crimes, the bureau’s assistance comes at a cost. The futility of trusting the FBI to defend the greater good is demonstrated by 10 of the most crooked and corrupt things it has done since its inception as the “Bureau of Investigation” in 1908. Some misdeeds are well-known while others are obscure, but all provide cause to distrust the federal agency.

-———The Federal Bureau of Investigation enjoys the reputation of a legion of good Samaritans. Countless films and television shows glorify the agency and highlight its crusade to protect justice in America. In spite of this, the FBI’s corruption runs rampant and unchecked–not all of the FBI’s offenses can be listed in 10 points (special mention goes to targeting prostitution houses and editing Wikipedia articles).

In light of this consistent history of criminality and misconduct, it is time for Americans to consider that having criminals fight crime is a futile effort which belies a foundation of corruption across the entire system.

http://christianpoliticalparty.com/ten-crooked-and-corrupt-things-the-fbi-has-done/


18 posted on 08/17/2022 7:42:08 AM PDT by KeyLargo
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To: butlerweave

The FBI still has good people some are coming forward as whistleblowers

*************

The problem is that the congress is afraid of the FBI. How do you fix something when the people responsible for imposing accountability fear the wrongdoers?

No amount of whistleblowers are going to change that.


19 posted on 08/17/2022 7:44:37 AM PDT by Starboard
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To: KeyLargo

It’s been bad since the time of J. Edgar Hoover, who was a homosexual nutcase who spent a lot of time trying to crush his enemies or anybody who might out him, who was theoretically anti-Communist (but just because it was his particular route to power), and who built an organization in his image: highly political, paranoid and power-crazed.

I don’t think it actually can be “reformed.”


20 posted on 08/17/2022 7:47:04 AM PDT by livius
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