Our report makes nine recommendations to the Department and the FBI to assist them in addressing the issues that we identified in this review:
We recommend that the Department and the FBI consider developing practice guidance that would assist investigators and prosecutors in identifying the general risks with and alternatives to permitting a witness to attend a voluntary interview of another witness, in particular when the witness is serving as counsel for the other witness.
We recommend that the Department consider making explicit that, except in situations where the law requires or permits disclosure, an investigating agency cannot publicly announce its recommended charging decision prior to consulting with the Attorney General, Deputy Attorney General, U.S. Attorney, or his or her designee, and cannot proceed without the approval of one of these officials.
We recommend that the Department and the FBI consider adopting a policy addressing the appropriateness of Department employees discussing the conduct of uncharged individuals in public statements.
We recommend that the Department consider providing guidance to agents and prosecutors concerning the taking of overt investigative steps, indictments, public announcements, or other actions that could impact an election.
We recommend that the Office of the Deputy Attorney General take steps to improve the retention and monitoring of text messages Department-wide.
We recommend that the FBI add a warning banner to all of the FBI’s mobile phones and devices in order to further notify users that they have no reasonable expectation of privacy.
We recommend that the FBI consider (a) assessing whether it has provided adequate training to employees about the proper use of text messages and instant messages, including any related discovery obligations, and (b) providing additional guidance about the allowable uses of FBI devices for any non-governmental purpose, including guidance about the use of FBI devices for political conversations.
We recommend that the FBI consider whether (a) it is appropriately educating employees about both its media contact policy and the Department’s ethics rules pertaining to the acceptance of gifts, and (b) its disciplinary provisions and penalties are sufficient to deter such improper conduct.
We recommend that Department ethics officials include the review of campaign donations for possible conflict issues when Department employees or their spouses run for public office.
Sad, but the recommendations are more what not to do to be discovered for your bad behavior than how to avoid bad behavior.
>>a witness to attend a voluntary interview of another witness, in particular when the witness is serving as counsel for the other witness.
Doesn’t serving as “counsel” in such a case present a conflict of interest?
Didn’t Comeystain try to claim the guy he leaked documents to (with instruction to get them in the press) as his personal lawyer therefore anything they said is considered to be “attorney client privilege”?
>>We recommend that the Department consider providing guidance to agents and prosecutors concerning the taking of overt investigative steps, indictments, public announcements, or other actions that could impact an election.
Sounds like they are more angry at Comeystain for taking action after Weiner’s laptop revealed “lost”/destroyed emails
>>We recommend that the FBI consider (a) assessing whether it has provided adequate training to employees about the proper use of text messages and instant messages, including any related discovery obligations, and (b) providing additional guidance about the allowable uses of FBI devices for any non-governmental purpose, including guidance about the use of FBI devices for political conversations.
translation: DON’T PUT IT IN WRITING YOU DIPSH!TS