Below is my column in the New York Post on the recently disclosed FBI investigation into the communications of Republican House staff members investigating the FBI.
Here is the column:
The House Judiciary Committee is investigating why the FBI subpoenaed the emails of leading Republican congressional staff members.
In his most recent appearance before Congress, FBI Director Christopher Wray refused to provide any new information on various scandals but seemed eager to assign past abuses to his predecessor, James Comey.
But the dates on these subpoenas do not support Wray’s use of Comey as the department’s sin eater.
Wray has tried to portray himself as in the dark on many scandals while also insisting he is a hands-on administrator. This scandal cuts against . . . well . . . both Wrays.
While many on the left still celebrate Comey’s tenure, an array of serious constitutional violations have been established as occurring under his leadership, including massive unconstitutional surveillance practices, false statements to courts and his own individual violations, such as stealing FBI material and leaking the contents to the press after his termination.
I testified Friday on the abuse of the Foreign Intelligence Surveillance Act under Comey and the need for Congress to end or to reform Section 702 under that act.
The House Judiciary Committee is investigating why roughly five years ago the FBI reportedly seized emails from Google belonging to Kash Patel, the chief investigator for then-House Intelligence Committee Chairman Devin Nunes, as he and other staff were making headway in their examination of the Russian collusion investigation, including political bias and false statements by FBI officials.
That was shortly before the release of the report exposing the failures in the Russia collusion scandal. A second staffer was also targeted.
The letter from the Committee to the Justice Department refers to subpoenas issued to Google in 2017 for emails and cellphone data.
The demand seems quintessentially Comey-esque.
Former FBI Director James Comey has been all the rage on the speaking circuit discussing his curious view of “ethical leadership,” which often seemed to include the knowing violation of constitutional provisions or agency rules.
He thrilled audiences, for example, with his lighthearted description of how he violated department rules to nail Trump national security adviser Michael Flynn.
He delighted audiences with how he told underlings “let’s just send a couple guys over” to trap Flynn.
Yet Just the News reportedly has the subpoenas and states they were dated Nov. 20, 2017, with the materials to be sent to the Department of Justice by Dec. 5, 2017.
Comey was fired in May 2017, and Wray began his tenure in August 2017. It is not clear if this targeting of congressional staffers began under Comey.
It is hard to imagine such an extraordinary move being taken without the director’s knowledge.
So Wray is either engaging in willful blindness or failed to exercise control of his own department.
There was a time when members of both parties would be outraged and unified in responding to such tactics by a federal agency.
All members should want to know the rationale for this intrusive move by the FBI as it was being investigated by these aides.
James Madison designed a constitutional system with a frank understanding of the factional and petty impulses of politicians.
Yet he believed he had created a system of checks and balances that could rely on the institutional self-interest of members to jealously protect their powers under Article I.
Madison believed that despite party affiliations, “ambition must be made to counteract ambition.”
Madison never envisioned the 118th Congress, where politics regularly trumps institutional and constitutional values.
The ambitions rarely seem to run toward constitutional protections and privileges.
Democrats certainly disagree with Republicans on the Russian-collusion investigation, and they are no fans of Patel or Nunes.
But there is a far more important issue at stake in this controversy.
Subpoenaing the records of members of Congress or their staffs is a direct challenge to the oversight and legislative functions under Article I of the Constitution.
The FBI knew Google would withhold notice of the subpoenas for five years.
Wray may have to offer more than “Damn that Comey” on this one.
Jonathan Turley is an attorney and professor at George Washington University Law School.
Wray either willingly ignored or did not exercise control of the agency (oaraphrasing JT). There is a third option. That Wray perjured himself before Congress.
Wray can perjure himself all he wants before Congress because he knows that the Democrats in the Senate (and the mainstream media) will cover for him.
Why would they do that? If he’d done something impeachable, like perjury, they’d rather remove him and have Biden name a replacement.
let me Know when the Republicans CUT OFF THE MONEY?
Remember the event where Comey rushes to the hospital when John Ashcroft apparently had a medical emergency. Comey appeared to be the hero intervening to protect Ashcroft from other Bush officials wanting to continue the torture program.
There is strong circumstantial evidence, that the catalyst for this entire thing was that a Bush torture victim (tortured by the Bush Administration) showed up in-person at the Washington Post’s old location in NW Washington. According to the story, Bush officials tried to intimidate the Bush war crime victim on the sidewalk right in front of the Washington Post.
Apparently Ashcroft got ill within hours of this torture victim showing up in Washington DC. and Comey acted as the hero.
Maybe Jack Smith could ask Comey about this?
As much as I want a Republican in the WH in 2024 I have to point out that this is another example of a Trump appointee being awful. The guy brags that he fires people, but not the head of the FBI?? He says he will end the war in Ukraine in 24 hours but does anyone believe this? I acknowledge that there would be no war right now if Trump had won in 2020 and that is one of the good things about the guy. However, his bloviating is nonsense, he staffing was awful, for the most part, and his follow-thru was bad too.
We have Biden, a Democrat, willing to sign EOs all over town, killing our energy sector, granting eviction denial and even putting up 400 BILLION to pay of students, but Trump couldn’t even get the damn wall built??
DeSantis gets things done, he isn’t a loud mouth, uncouth narcissist. I will vote for Trump over any Democrat, but come on folks, Trump will lose to Biden, we will lose the Senate and maybe even the House. Move away from Trump, he is elcotal poison.
Trump will be the nominee, but DeSantis is a superb candidate. I will put my 2 cents in when it is time, but in the meantime, I won’t work for the benefit of Democrats and put down either candidate. Any Republican is better than a Democrat. That party is the party of death and despotism.
One of Trump’s worst mistakes involved his choice of staff. Trump, not being a politician, didn’t have a Rolodex. He used Bushites who were loyal to Bush. He also had to choose from the bureaucracy loaded with those leaning left or to the insiders, rather than to Trump, who was a threat to them and even legislators in his party.
Trump is used to doing things solo. That is both good and bad. As a businessman, I prefer to make all decisions, but being a businessman is different than being President. Presidents must know how to delegate.
As a businessman, Trump can determine what he wishes to focus on. As President, he cannot because, more frequently than not, external issues can determine the President’s direction.
For example, Covid completely changed Trump’s positive direction and was complicated by his poor delegation skills. He had a lot of positive gut feelings, all that could have been accomplished more productively by delegation while remaining in the background. He also permitted Fauci to become too strong a figure when we needed more voices, not less.
I do not believe Trump has less of a chance to win than DeSantis, and Trump will deflect much leftist hate and dollars onto himself (ready and fully armored), protecting other Republican candidates.
“It’s way too early to be making predictions. Trump still faces multiple trials and indictments before the election.”
That is known as election interference. Trump was spied on from the start, people in his campaign were targeted illegally, FISA court abuses occurred regularly, phony reports about Russia were created and aided by the FBI, Impeachments for false charges one started by his opponent Hillary Clinton. Today he is faced with more faux charges. The left is desperate. They want to grab power permanently and this dope I am responding to doesn’t realize it.
“He’s made some major mistakes with the law and he’s going to have to answer for it.”
Precisely what mistakes did he make? Was his biggest mistake that he expected the FBI to act lawfully? That was a mistake. The FBI acted despotically. Trump rightfully expected the decisions to be adjudicated in a court of law, except they were made in back rooms where lawyers and ideologues ginned up a case to bend the law while avoiding the courts.
There are two sides to many of these stories, but the decision is supposed to be made by a judge with both parties presenting their arguments. The government acted despotically, but stupid people support the use of force instead of the use of the court system.
HullBobby,
As I stated in a comment that got deleted, which I am fine with, no matter who the Republican candidate is I am voting for them. Even if it is Trump in jail.
America cannot take another four years of the Biden admin.
In my deleted comment, I pointed out a number of economic facts, pointing out the economic policy failures of the Biden admin.
Fact is, 90% of Americans are worse off in the past two and a half years then they were during the Trump admin, pre-COVID lockdowns. The lockdowns screwed just about everyone not named Fauci or invested in the Big Pharm companies.
Maybe now FBI has gone too far.
Is it personal now?
Remember what has happened to people who merely trespassed on J6?
What has changed?
Why would there be outrage from both parties?. The democratic party is now led by authoritarian if not totalitarian ideologues. They aspire for one party control of all levers of government as well as the centralization the economy. The ample evidence provided by Turley on a daily basis proves this point beyond any reasonable doubt. They are achieving these goals with the unalloyed support of the nation’s mass media and cultural and education institutions that have been purged of any dissent. It will be extremely difficult to save our basic freedoms without a fierce and possibly violent pushback from the unwashed masses against these elite thugs. I think think the Rubicon has been crossed despite the valiant efforts of those like Turley who care so much for the Constitution.
Deep State….aw come on Man….gimme a break!
Lie on a Search Warrant Affidavit to a State Judge as a Police Officer and see how quickly you are slapped with a Contempt of Court charge…..yet not one single FISA Court Judge as uttered a peep about the FBI/DOJ purposeful LYING on multiple Affidavits. Now why is that you wonder?
The DODIG did an investigation and discovered that problem…..issued a Report…..what action was taken by the DOJ…..again care to ask why nothing credible was done?
Then along comes Mueller….and we saw how that was handled….again no one got taken to task in any meaningful way……ask yourself why again.
There was then the Durham Investigation and Report…..confirming and elaborating upon what the DOJIG laid out for us…..and…..who got held liable for patent federal crimes……ask yourself why yet again!
Now we are seeing yet another example of the establishment getting away with. yet more criminal misconduct….and we shall just ask why yet again and still no one goes to prison or is even investigated by the DOJ.
How many times do we to hear DOJ and FBI in these things before even Democrats in Congress grasp the fact that their concerns about the dangers to our democracy are valid….but focused on the wrong people?
It is not the concerned citizens that are the threat…..it is those who are subverting the Rule of Law and our Constitution that pose the essential threat to our democracy.
All Americans should be very concerned what lies at the end of this road to perdition this nation is traveling.
Time for Wray to prepare three envelopes for his successor.
If you know, you know.
“FBI subpoenaed the emails of leading Republican congressional staff members.”
Nice investigation you got there. Be a shame if something happened to your investigators.
How many times do we have to see that thug behavior, before concluding the obvious: A cabal within the FBI is the Left’s Praetorian Guard.
Simply put: Wray is the problem.
The only question is how many others at the FBI will he take down with him once he exhausts all avenues of subterfuge.
it isn’t Wray or Biden…it is a an entire Machiavellian enterprise in DC….where absolute power has been delivered to the DEEP STATE!
Cut 50% of government….move 75% from DC.
Get back your freedoms!
I think most of you know I’m a pretty simple man. But let me get this straight, the FBI is investigating the congressmen who are investigating the FBI. And there is no deep state. Nothing to see here folks, just move along.
The director should be inducted into the dodgeball hall of fame (if there was one).
What about the Judge that signed the warrant?
I think maybe the most important question is about whether the subpoenas identified the targets as investigative staffers working for the Legislative Branch. Whether that information was withheld from the judge would be central to assigning blame/guilt.
According to the linked NY Post story, the subpoenas were issued by a grand jury convened by DOJ. Congress should investigate how this was done, and what the asserted basis was. On its face, it seems abusive. Legislation may be needed to prevent this going forward.
Madison was writing long before the emergence of political parties. Institutional loyalties are now far less important than those of congressmen to their respective parties. This has been exacerbated as the parties have become more ideological.
Nothing will change in the executive branch until its officials are held to account through career threatening actions such as contempt findings or impeachment, or through defunding through the power of the purse. The Republicans should stop talking and start taking punitive measures.
“On its face, it seems abusive. Legislation may be needed to prevent this going forward.”
Everything Madison wrote was dependent on moral and ethical leadership. The Democrats, as a group, have none and place their petty quarrels above the Constitution.
To rectify the problem, one needs to destroy, and only then possibly rebuild the Democratic Party. The country needs to see Democrats as toxic. To do so means one should not vote for anyone affiliated with the Democrat Party, even if likable, and is only running for dog catcher. Once inside the Democrat Party, all seem to get absorbed like the Borg, and their only way out is to escape. We are seeing some fleeing the Democrat Party.
“We are seeing some fleeing the Democrat Party.” Indeed, SMeyer, many are fleeing the Blues – except the good professor, himself; for only reasons he knows.
The Professor need not flee the Democrat Party. His voice is consistent with free speech against the despotic and criminal acts of the Democrats, including Joe Biden. If he were to change parties, I don’t know if he could survive despite his impeccable reputation and tenure.
I don’t care about parties. I care about ideas. I don’t want one party, but the Democrats need to be destroyed before they turn this nation into an autocracy. If that is possible, we have to work on the Republicans.
We need our freedoms, and government needs to shrink. The rule of law must prevail, and the double standard buried.
I posted Eisenhower’s farewell speech and his warnings. Right now, there is a push for the war in Ukraine to continue because for Biden to get his weapons, the weapons manufacturers need a guarantee that the government will need them long enough to create large profits.
The excerpt from the John Kirby interview tells us that if one reads between the lines. Eisenhower was correct, but globalization wasn’t such a problem then as it is now so perhaps he would have included a bit more in his speech if he faced the globalism problem.
I’d rather not have Political Parties, period, for one reason… Rule Number 1: “The Party” *always* comes before the good of the Country and the Citizen. I’ve never seen an example where Country and Citizen First, Party second. Not. Ever.
Turley *could* become politically Independent. He certainly needs no Party to support his libertine ideals, so why does he stay with the Party that’s become so hostile to them? Only he knows.
Political parties were not intended by the founders. They grew organically and we have no control over their existence.
I think the positives of Turley officially turning away from the Democrat Party, at this time, would be limited and short term, probably leaving us worse off after the initial thill wore off.
S. Meyer – “The Professor need not flee the Democrat Party. His voice is consistent with free speech against the despotic and criminal acts of the Democrats, including Joe Biden”
There are millions of crewmates on the sinking ship SS Democrat, helmed by Skipper Magoo and First Mate “Cackles”. Yes, Turley is bailing as quickly as he can, but he’s alone with only a teaspoon for his efforts. The rest are standing around watching or worse, mocking him for doing so. Except for Manchin. The term ‘exercise in futility’ comes to mind and I don’t wish to see the good doctor go down with the ship.
JAFO Turley is not bailing. He is holding his ground. He is center left with no place to go. His importance to the nation is his advocacy for free speech and the Constitution though I am sure his interpretation of it sometimes goes afoul with what I believe.
I believe he will remain exactly where he is as the boat sinks and then rises again.
S. Meyer,
I just made a comment to you about Trump being the catalysis to change the Republican party.
Concerning the Democrat party, yes, I have read about long time Democrats in fact leaving the party. This is not their fathers or grandfathers party anymore. A lot of them see the take over by the woke leftists in abject horror. They are horrified by the sexualization of children, pornography in elementary schools, and all the other insanity that has gripped the Democrat party.
I think that is why the good professor writes as he does. This is not the party he grew up with.
There are also a lot of Blacks, Hispanics, Asians who do not want any part of that.
Change is hard for many reasons but the slow movement of adults away from the Democrat party tells me that a movement back will be at least equally slow. I think when the young population moves it will be more a more sudden movement as that group continuously changes and follows leaders.
However, any change we see might be too slow to do what should be done. The bureaucracy is vast and entangled with deep pockets and globalists.
It is very clear the Democrats are fascists…of the German 1920’s-30’s
It is clear the Machivillians have too much power in DC/NYC.
TAKE AWAY Democrat Power
-Cut 50% of Fed gov
-Move 75% of DC to Heartland
-Remove entire leadership of DOJ, IRS, DHS and FBI
-5% tax Gross wall street trans & money goes offshore
-Tax all non-profits anyone gets $100k: colleges, hospitals, etc
-Ban fed aid/loans cities, states & college, make them fund themselves
-Remove tax credits renewables, affordable housing, etc
-Jail Russian Hoax, COVID liars & Biden protectors, etc
-Ban public union/company $ politics, only voters can fund politics
-voting 1 day, in person, with ID, I don’t care if you vote, I care if you cheat
– 12 year limit on federal office….judge, president, senate, congress
– Roundup all illegals to raise wages and give Americans Jobs
Well, it is good to see that you’ve given each of these actions you demand that thoughtful intellectual research they need. Maybe you are part of the problem. Bloviating about things it’s very clear you know nothing about. Perhaps start with a civics class and move up from there?
“The FBI knew Google would withhold notice of the subpoenas for five years.”
That 5-year wiithholding of notice seems designed to take advantage of the standard 5-year Statute of Limitation concerning most federal crimes, as the Executive Branch conspired with Google to unlawfully spy on members of the Legislative Branch and then conveniently arranged to assure that Google didn’t inform the Legislative Branch of the crime for 5 years:
18 U.S. Code § 4 – Misprision of felony
Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.
That 5-year wiithholding of notice seems designed to take advantage of the standard 5-year Statute of Limitation concerning most federal crimes,
I’m shocked, I tell you Ralph, just shocked. Lawmakers and the administrative bureaucracies willfully violate federal laws and rules of conduct with the understanding that all they need to do is stonewall investigations long enough to run out the clock? Every organized crime syndicate would love to have the same sweetheart arraignment our public officials have. Traditional mob families have to run their illegal operations under a constant threat of FBI surveillance and potential indictments by the DOJ. On the other hand, the crime syndicates working within the government aren’t concerned with the FBI or DOJ because they are part of the syndicate. Those entities target anyone investigating the family. Now who could have seen this coming?
Congress needs to flood Garland with criminal referrals and then get Garland on camera explaining why all of these acts are not crimes he will prosecute.
instead Republican Congress….delivered DC Democrat government with Trillions last MONTH
Thank McCarthy, Mcconnell, etc
Republicans ARE JUST AS BAD!
Professor Turley, you did a fine job testifying the other day, and I really appreciate your efforts, and those of the other excellent panelists. I was really struck by the very rare agreement among almost every one of the congressman sitting there, democrat or republican alike. Sheila Jackson Lee in particular was quite incensed at some of the things that the FBI was found to be doing, and yet this one is definitely a puzzler. They are certainly selective in their outrage. Do you think because those incidents happened under Comey there in lies the difference?
There is no question that Wray Wray has been lying to the various committees and subcomittees.
It has taken hundreds of years but Madison’s perfect plan of ambition countering ambition seems to have lost its way as we see Democrats arguing that the president has the power to spend 400 BILLION dollars as a giveaway to students. We have seen the Democrats cheering on the FBI as they investigate their brothers and sisters in Congress.
The Democrats are like CEOs of huge corporations, they only care about the next quarter. A CEO will move operations to China, to the detriment of the nation and even the long term health of the company, just to juice the bottom line for the next quarterly report therefore enabling him or her to get their bonus and to be able to move on to their next hire. Democrats will sell out the nation just to win the next election. We saw Harry Reid get rid of the filibuster for a short term gain and it bit him you know where. They create “Sanctuary Cities and states” to look good for the moment as they ruin the country. They sign massive spending bills to pay off their donors as they cost the rest of us due to inflation.
The Democrats play political checkers, they never think of the long term issues.
It has taken hundreds of years but Madison’s perfect plan of ambition countering ambition seems to have lost its way…
I believe hullbobby that that was what Obama understood regarding his fundamental transformation agenda. The constitution truly is a parchment barrier. We have essentially half of the legislative branch absorbed by the executive branch. That leaves us with the judicial branch as our last line of constitutional defense. What that means is all unconstitutional policies are free to do lasting damage to this country before the courts might possibly stop them. What can be done with an out of control executive branch if the legislative branch is compromised?
These people must be punished for their violations of the Constitution. I am sick and tired of NO accountability, no punishment, no action.