"I'm not impressed with the judicial slap-downs of rogue FBI agents you speak of, to date. The FBI is counting on it being easier to ask for forgiveness than permission."
Forget the judicial slap-down.
The annual performance review would generate an adverse result, and probably be a permanent career-killer.
"Embarrassing the Bureau" is the one unforgivable sin.
Was the bureau embarrassed at Ruby Ridge? (Did Lon lose his job? - No, he was promoted to sniper team lead at Waco.) Was the bureau embarrassed at Waco? Did anyone lose their job there? No? Who lost his job because of false accusations against Richard Jewell? Who lost his job because several terrorists already on watch lists boarded flights on 9-11-2001?