Kurt Eichenwald: FBI Director James Comey Is Unfit for Public Service

Source: Newsweek

"The FBI is an investigative arm of the Department of Justice. Nothing more, nothing less. An extremely small minority are lawyers, or even have basic legal training. They do not—thank God—decide who gets indicted and who doesn’t. Prosecutors run criminal cases and direct the agents. As many prosecutors have told me over the years, there is almost never an instance where agents who have been investigating a case for months do not recommend for prosecution. Tunnel vision is one reason; the fact that agents rise in the ranks by delivering cases that lead to prosecution is another. That is why prosecutors—and through them, grand juries—make the decision to charge or not. They both serve as a backstop to agents who don’t know the law and have no ability to objectively review their own evidence... What that means is, if the FBI does not even conclude it has enough evidence to write a memo recommending prosecution to the Justice Department, there is simply nothing there. Assuming someone committed a crime when the FBI concludes the evidence obtained in the investigation is not worth turning over to prosecutors is like assuming it must be raining when the skies are clear.

The FBI is never supposed to comment on ongoing investigations and, except in exceptional circumstances, never disclose whether it has or has not recommended prosecution. Instead, on indictment, prosecutors stand up at a press conference, announce the charges, then thank the agents and offices of the FBI who conducted the investigation. If the bureau does not develop enough evidence to merit even a recommendation for prosecution, in those exceptional circumstances where it says anything, those are the words officials use: We have not developed evidence that merits a recommendation for prosecution.

In the last few months, unfortunately, Comey has demonstrated he understands none of this. He has broken these rules time and again, leaving himself in the position where he decided he had to break them a couple of more times. He has acted with a lack of accountability that has not been seen since J. Edgar Hoover held the post. It is unforgiveable."


Read more: http://www.newsweek.com/fbi-director-james-comey-unfit-public-service-517815