By J. Gary DiLaura – FBI Retired
The president of the United States has the Constitutional authority, under Article 2, to oversee, supervise and exercise executive control over all agencies, departments and employees of the United States. That includes the Department of Justice which includes the FBI.
The president’s power to “run” the nation has been affirmed, reaffirmed, adjudicated, and reinforced from Congress to the Supreme Court.
In short, his power is enormous.
So far, President Trump has chosen not to interfere with DOJ (Justice, the FBI, or the Special Prosecutor). I think he knows he has no concerns since he never violated any laws, told any untruths, or “collaborated” with any foreign governments, or their people. He has been letting the chips fall where they may.
Furthermore, President Trump is not targeting law enforcement agencies. He is targeting crooked employees of the federal government.
We who helped build the reputation of the FBI, want those crooked employees brought to justice!
There are many serious allegations made against a few DOJ employees by the Congressional Intelligence Committee, as set forth in a four page memo, as well as emails to and from those employees, and other allegations.
As a retired FBI Agent, I know that FBI agents, and federal prosecutors, are supposed to disclose evidence that both support and discredit information, and sources of information utilized in all documents put before a federal judge in support of applications that call for law enforcement actions. This effects the Constitutional rights of US citizens.
I am speaking about search, seizure and “overhear” warrants of any type, including FISA or Title 3.
The memos speak for themselves. Important information was intentionally “unreported” to the FISA courts:
- The fact that the Fusion GPS Dossier was bought and paid for by Hillary Clinton was not disclosed.
- The fact that the Dossier was “salacious and unverified”, according to former FBI Director Comey, was not disclosed!
- The fact that the wife of Deputy Attorney General Bruce Ohr, who was involved in the case, was hired by Fusion GPS to work on and develop “opposition” information on candidate Trump was not disclosed.
There were emails between Strzok and Page that go to support probable cause that these employees conspired to interfere in a presidential election then conspired to tamper with/create evidence to prove false allegations to support impeachment of a sitting president.
This is an internal investigation with different rules than due process. It should be initiated on each DOJ employee (Justice and FBI) who has been accused or should be accused of improprieties. This includes Rosenstein, Ohr, McCabe, Strzok, Page and other DOJ employees whose signatures appear on any FISA or Title 3 warrants regarding this matter.
Accusations in the Hillary Clinton investigation, Trump Special Prosecution, Fusion GPS Dossier, DNC/Russia Collusion, and FISA Court criminal acts leading to possible violation of 4th Amendment rights of citizens are part of these apparent illegal acts and must be investigated.
These are serious accusations. If substantiated, the DOJ employees involved must be fired, and charged criminally. Former employees who should be investigated include former Director Comey, DAG Sally Yates, and Acting DAG Dana Boente.
I believe President Trump should exercise his authority and immediately suspend each and every active DOJ employee who was involved and place them on administrative leave (with pay) while they are subjects of an administrative inquiry.
McCabe is still an employee and his pension is in jeopardy so, I suspect, he will be looking for a deal. This includes DOJ Ohr and Rosenstein as well as FBI McCabe, Strock, and Page.
I further recommend that the president ask Congressman Trey Gowdy to take a leave from Congress to accept an appointment as Deputy AG, replacing Rosenstein. Gowdy has demonstrated that he is knowledgeable in all the cases that are under congressional scrutiny and he is an aggressive prosecutor.
To keep the investigation honest, I suggest the grand jury should be seated outside Washington DC. I would avoid creating a “Special Prosecutor” under the SP Executive Order, like Mueller, and get the case into a “normal” FBI Field Office/USA District, and not a 9th Circuit District, and not WFO (Wash. Field Office).
Under no circumstance should WFO or FBI HQ be the lead office.
If it were up to me, I would seat a special grand jury and reopen every case involving Hillary Clinton that any of the suspect DOJ employees touched, plus some cases that should have been opened but weren’t. That includes:
- Uranium One/Russia (obtaining 17% of US Uranium),
- Clinton email “matter”
- Clinton Foundation money laundering
- Obstruction/Election Interference by FBI Employees/Perjury/lying to the Congress by Comey; Abedine, Mills, Susan Rice, Lois Lehrner, and Hillary.
Do a real investigation by FBI field offices with experienced agents.
In my nearly three decades as an FBI special agent, I never once saw or heard of an FBI investigation being conducted/led by FBI headquarters and by FBI Assistant Directors doing interviews.
In my opinion, these DOJ people should be targets of a Racketeer Influenced Corrupt Organization (RICO) case and have likely committed several of the 35 predicate crimes set forth in RICO. I also believe that the “head” of the snake goes much higher, to the top of the previous administration.
No matter what the president does, he will be criticized, but, if he does not take charge, his chances of draining the swamp may be gone forever.
He did the right thing by laying back so far. Other people brought forth the justification he now needs to take charge.
But now is the time, Mr. President. This is why you were elected – against all odds. Now is the time to be the chief law enforcement officer and CEO of the United States.