Strzok Out: Former FBI Agent Loses Free Speech Case

I previously discussed the free speech lawsuit of Peter Strzok, expressing skepticism over his claims that the Justice Department violated his First Amendment and privacy rights in firing him. On Tuesday, Judge Amy Berman Jackson agreed and dismissed the lawsuit.

U.S. District Judge Amy Berman Jackson noted how Strzok’s filings were filled with “considerable indignation,” but noted that

Each of the FBI officials deposed maintained that given plaintiff’s rank and his role in the two investigations, and the appearance of bias that permeated the messages, the situation was unprecedented, and there were no comparators.”

She ruled that “the FBI’s imposition of the sanction of termination comported with the Constitution.” She dismissed the case after finding that “the Court finds that there is no genuine dispute of material fact that would preclude the entry of summary judgment in the defendants’ favor and that plaintiff’s motion for summary judgment should be denied.”

It is not surprising that Strzok’s filings showed “considerable indignation” given his signature texts and emails. What was missing was considerable support for his legal claims. He could appeal but this shellacking is unlikely to be reversed.

Here is the decision: Strzok v. Garland.

142 thoughts on “Strzok Out: Former FBI Agent Loses Free Speech Case”

  1. How can it be that a former FBI Director can call for the assassination of a President and still be supported by the Democratic Party and many citizens of the nation. He has to be pretty sleazy when he says that he doesn’t know what it means when he posts eighty six forty seven. If he doesn’t know what it means then why did he post it? It’s obvious that he hoped that some wack job would see his message and send a bullet at Trump and other conservative leaders like Charlie Kirk. To receive forgiveness by God he will first have to admit his sins. We can rest assured that there will be none of this as is true with all narcissists. Hannibal Lecter or James Comey, one is just more sophisticated than the other.

  2. The Comey indictment will never get to trial.
    The judge will dismiss the indictment as vindictive prosecution.
    Such a dismissal is not appealable.
    End of case.

    The evidence for vindictive prosecution is overwhelming. We already know that there was a memo from career prosecutors In EDVA that there is no probable cause. We already know that Erik Siebert, EDVA US Attorney, refused to file charges, and was fired. Trump explicitly said that he was fired because he refused to file charges against Comey. We know that Trump has been explicitly, and publicly, demanding that Comey be indicted.

    All this is a slam dunk case of vindictive prosecution that any first year law student could successfully argue.

    1. So true.

      The judicial branch is infected with pervasive corruption.

      If the judicial branch supported the Constitution, there would be no communism in America.

    2. True. In the Law, we call this VP, for short, and I have seen 100s of cases tossed out for this reason. We studied VP in depth in CrimLaw 101 in Law School. IIRC, the most famous case was Palsgraf, or something like that, where some dude threw a firecracker and scared a horse, that trampled a prosecutor’s dog, or something like that. I do remember the Dog’s name was Bunny, and the prosecutor got boiling mad about it, and had Palsgraf charged with Cruelty to Dogs, but the judge, who was accused of being a cat person, tossed the case out for VP. There was a big joke at that time about it being a dog of a case, but it was not funny at all to the prosecutor. This was in the 1920s, so the Prosecutor put out a hit on Palsgraf, and Dutch Schulz, who liked dogs a lot, did the hit. Then, the prosecutor got caught up in the whole Murder, Inc. stuff, which was foreseeable, if you think about it. It became the inspiration for Orson Welles’ A Touch of Evil, but he changed the dog’s name to Rosebud, and made the prosecutor into a Mexican. This was well after the Martian Invasion radio program, which just goes to show you that we are all connected.

  3. Well my my my, Comey indictments for obstruction and lying to Congress. No one is above the law, now let’s see the rest of them get their due.
    Candy gram for Obongo!
    Candy gram for Obongo!

    1. And I thought today couldn’t get any better, wow! I guess now is when he rolls over on his comrades to avoid spending the rest of his pathetic life in prison. You know he could get the Chauvin treatment firsthand in Federal prison. Gosh I hope not, really I do…🎱

  4. I was under the impression the DOJ in a last minute settlement gave Strzok and Page sweetheart settlement? Was I misinformed?

  5. I’ll offer the leftist here about a few quotes that seem apropos to the lefts mind set and the immigrations issue:

    Popol Vuh / Part 3
    “….Their ancient day was not a great one,
    these ancient people only wanted conflict,
    their ancient names are not really divine,
    but fearful in the ancient evil of their faces.

    They are makers of enemies, users of owls,
    they are inciters of wrongs and violence,
    they are master of hidden intentions as well,
    they are black and white,
    masters of stupidity, master of perplexity….”

    George Chapman 1598
    “O noblest in desire, thy mind, inflamed with others’ good, will set thy self on fire.”

  6. Professor Turley, please follow your emphasis on freedom of speech in the Constitution with the essential imperative of the right to private property.

    The right to private property precludes communism, which is why Karl Marx said, “The theory of Communists may be summed up in the single sentence: Abolition of private property.”

    The right to private property is absolute.

    The right to private property denies government any power to “claim and exercise” any aspect or degree of dominion over private property, with the sole exception of the “Takings Clause.”

    The right to private property is qualified by the 5th Amendment, and no further qualification is possible.
    _________________________________________________________________________________________________________________

    “[Private property is] that dominion which one man claims and exercises over the external things of the world, in exclusion of every other individual.”

    – James Madison

  7. George:
    You’re right. He should have been disciplined for incompetence and poor English. Does he know what “Nazi” means? Does he know that students read his posts?
    Moreover, I’m sure you know the consequences of an actor who intentionally does something he believes is wrong, even if it is not wrong?
    Three hours after his subject post, Hook, scared by potential consequence, posted an apology:
    “Apparently my frustration with the sudden onslaught of coverage
    concerning a guy shot today led to a post I mow [sic] regret posting.
    I’m sure many folks fully understood my premise but the simple fact
    that some were offended, led me to remove the post. I extend this
    public apology to those who were offended. Om Shanti”https://storage.courtlistener.com/recap/gov.uscourts.sdd.84442/gov.uscourts.sdd.84442.11.0.pdf

    Why did he do that, George?
    DO NOT respond, as I do not want this to unfairly lead into more OT space used up. I just wanted to make you think a little about the consequences of your posts. thanks

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