FBI Firings
Behind The Headlines With Andrew Weissmann, Vol 1.3.b
My take on the remarkable events today at DOJ-FBI:
Here is my take on the above developments as recounted by the acting Director of the Federal Bureau of Investigation (where I served as the General Counsel under Director Mueller). The head of the FBI recounts receiving a memo from the acting Deputy Attorney General to fire 8 senior career FBI personnel (unless they resign) and the compilation of a list of thousands of FBI personnel who worked on the J6 cases.
Firing career FBI agents without cause would violate civil service protections. If the firing is based on their oversight of J6 or Trump criminal investigations that would not constitute good cause. So, if the above is accurate (and I have no reason to think it is not) then Emil Bove (the Acting Deputy Attorney General and util recently one of Trump’s criminal defense counsel) is taking action that violates their rights.
The wording of the above is interesting— it does not say whether Bove was saying in the memo that Bove himself was firing these FBI personnel or whether Bove was directing the acting FBI Director to do so (the acting FBI Director reports to Bove). But it sounds to me like Bove sent a memo that directed the acting FBI Director to fire these 8 senior FBI personnel (“are to be terminated”), and he refused. The memo is worded in an odd passive voice, suggesting the FBI Director did NOT go along with the Bove “resign or be fired” scheme, but did pass along on what his boss, Bove, said he wanted to do to them.
The Bove memo’s direction to compile a list of over a thousand people seems to create a targeted enemies list — what possible legitimate reason is there to hold these people to heightened scrutiny? Absolutely none that I can think of, whereas it is entirely consistent with a retribution effort.
All of this is not just highly unusual — ie it has NEVER happened before — but it may well be completely illegal, and certainly appears on its face to be. And this is happening at the top of what is supposed to be our Justice Department.
If there is a lawsuit by the affected FBI personnel, it may ironically result in a trial where the facts about the righteousness of the J6 cases and the Trump criminal prosecutions is laid out for all to see - ironically, exactly what Trump has sought to keep under wraps and whitewash. Wouldn’t that be a case of just deserts!
A letter refusing to disclose any information that would put any officer at risk in any way, reserving the exclusive right of the FBI to assess any actions of the officers , as dept superiors being the first line of qualified authority to do so.. Call the Civil Liberties Union to get some defense lined up. Make all responses public ! They need to do a refusal drama! Very publicly! You just don’t lay down when asked to betray others. I hope Americans understand the need to put up a dramatic fight.
We are witnessing a soft coup in real time.