The erosion of public trust in the FBI is a big problem for the country — for both the rule of law and national security.
S tories such as the one Isaac Schorr reported Wednesday are a big part of why the FBI has lost so much of its good will on Capitol Hill and among the public.
It is not like some barroom blabbermouth called for the prosecution of former Trump officials and a number of congressional Republicans on the theory that they constitute the “command and control element” of a “terrorist group” that attacked the Capitol. Frank Figliuzzi was, for some of the Obama years, the FBI’s top counterintelligence official. And that was after he held other major supervisory positions, managing the work of hundreds of agents, particularly in Cleveland and Miami.
Figliuzzi knows he is mouthing Democratic Party political messaging that has no grounding in a rigorous analysis of evidence and applicable law — the kind of analysis the FBI wants Americans to believe it performs without grinding political axes. Yet he also knows that people who care what Frank Figliuzzi says care only because of his perceived authority as a former high-ranking FBI national-security official. His audience figures that Figliuzzi is an insider, publicly saying what the bureau is quietly thinking.
In reality, what he’s saying is bunk.
Federal prosecutors are a notoriously ambitious bunch. They well know that making cases against the former president, his aides, and pro-Trump congressional Republicans, especially terrorism cases, would thrill the Biden Justice Department. It would also please the FBI — not just the top echelon but rank-and-file agents who are not partisans, but who are well aware that over 100 cops were injured in the lawless melee at the Capitol. A prosecutor who could make such a case would be a star for life: invited to hold forth on the NBC news circuit even more often than Figliuzzi.
Figliuzzi is echoing Attorney General Merrick Garland, who told the Senate that the Capitol riot was the most “dangerous threat to democracy” he’s ever seen. For context, President Biden’s AG made that absurd claim in the course of decrying white supremacism as the nation’s “top domestic violent extremist threat.” (In Obama/Biden-speak, “violent extremist” means terrorism.) We are to believe that Trump supporters are neo-Nazis, more dangerous than Hamas, more dangerous than the Taliban, and — applying the standards of Democratic congresswoman Ilhan Omar — even more dangerous than the United States itself.
Prosecutors hear this stuff. They want nothing more than to make the case. If it were makable.
Government lawyers are also well aware that Democratic lawmakers, egged on by progressive legal scholars, larded their “Incitement of Insurrection” impeachment article with an allusion to the 14th Amendment — specifically, to Section 3, which potentially bars from holding federal office people who have “engaged in insurrection or rebellion” against the United States. The transparent point of this was to lay the groundwork for legal efforts to disqualify the 147 Republicans who supported the untenable Trump gambit to pressure Vice President Pence and Congress into rejecting the certified electoral votes of states whose election results Trump was contesting.