Remember that time someone said: the DOJ violating the SIMS protocols would be problematic. Shittlestix it sure is.
Senate Judiciary to FBI & DOJ-OIG:. The sheer number of FBI investigations that failed to comply with the DIOG’s rules suggests a pattern and practice of evading the rules
In the late summer of 2021 I wrote a lengthy article about the newly disclosed DOJ practice where they violated the SIMs (Special Investigative Matters) and under the Trump/Barr DOJ official sought not only gag orders but incredibly invasive subpoenas. You can read more here as I firmly believe and actually stated, the fall out would be catastrophic.
HERE. WE. ARE. Unfortunately exactly where some of us predicated we would be.
Additionally please note this is not a categorical condemnation of the DOJ. This is about “policies and procedures (P&Ps) ” and the FBI and more broadly the DOJ’s departure from long held agency P&Ps. I still trust the FBI and DOJ —certainly mistakes have been made but I also believe the FBI & DOJ have taken numerous steps to ameliorate their deficiencies…
Special hattip to Tammy who alerted me to this significant Senate Judiciary Comment twitter thread. She’s one of the best folks on Twitter that pumps out facts at an amazing rate…
Again please do not construe this article as me attacking or besmirching the FBI and more broadly the DOJ. This line of criticism is secular to the ongoing and apparent “widespread violation of the DOJ/FBI SIMS protocols” again I wrote about this in the Summer of 2021 and you can read the actual original documents here -again it’s deeply problematic and unfortunately this will likely be an indelible stain on the FBI and DOJ. And nothing about that brings me joy nor do I relish in something I (accurately) reported on nearly eight months ago.
Notwithstanding I do think that my readers should have unfettered access to the Senate Judiciary Committee’s March 28, 2022 letters to FBI Director Wray and DOJ-OIG Horowitz
Sometimes facts and the truth can be uncomfortable but I’d rather know both then to be blindsided and I believe that my readers largely share this position. Case in point on page 2 of the Senate letter to Director Wray - which reads in part:
FBI reviewed 353 SIMs—just under half of all such matters that were pending during this 18-month period—and identified 747 violations. Examples of DIOG requirement violations identified by the audit include the following:
In 45 investigations, the FBI did not conduct or document a legal review prior to opening a SIM;
In 40 investigations, the FBI officials who opened a SIM did not obtain approval from the relevant Special Agent in Charge or Assistant Special Agent in Charge;
In 250 cases—70 percent of those audited—the relevant FBI field office did not notify the relevant U.S. Attorney’s Office within 30 days of opening a SIM, and in 46 cases the FBI field office did not notify FBI headquarters within 15 days of opening a SIM; and
In dozens of instances, FBI headquarters and/or DOJ were not notified of intrusive investigative steps, such as search warrants and Title III wiretaps.
Again in June of 2021 I took the time to help my readers source numerous original documents - to those who said I was unequivocally wrong about SIMS -I do not accept your apology. I wasn’t blowing the breach in P&Ps out of proportion —I was simply stating the facts and just because I reached this informed conclusion months before others, does not mean I was wrong -it merely means “oh shit -the lawmakers finally affirmed my previous observations and assertions” —again if at anytime i fail to provide my readers with the prerequisite original documents —then absolutely I should be critiqued and criticized. The problem is I can not recall any instance or issue in which I’ve failed to provide my readers with actual facts and receipts.
Literally in June 2021 I stated the following
If I were in Congress I’d demand answers from both the DOJ and FBI and Apple - there are phrases, that I think you should acquaint yourself with (also see footnotes to direct links to these particular documents) again I’ve never purported to be part of our intelligence community nor have I ever purported to be an attorney. For the record I’m the one attorneys turn to for research, formulation of a legal strategy and at all times I play the “devil’s advocate” sometimes I wear Prada too (snort)
Sensitive Investigative Matter (S.I.M.)
FBI Domestic Investigations and Operations Guide
I mean I even gave you all the direct link to the SIM protocols…
To be clear I am in no way amplifying the unrepentant and blanket criticism of the FBI and DOJ -I’m merely stating the facts and the truth -as uncomfortable as that is. As previously noted in this particular (and likely long forgotten clip)
Again in June of 2021 I stated that the violation of the SIMs protocol was incredibly problematic - no really these are the questions I said Congress needs to ask - nearly 8 months ago
Finally some bipartisanship…
Both Senators Grassley and Durbin want answers and I think so do most reasonable and informed Americans — but to say this is “bad” —trust me on this unfortunately Director Wray & General Horowitz will likely face a public shellacking and that does not make me the least bit happy…
“Due to the nature of their subjects, these investigations present heightened constitutional and civil liberties concerns and therefore merit greater scrutiny and supervision…Accordingly, we ask that the Office of the Inspector General (OIG) perform an additional audit of the FBI’s compliance with the DIOG’s requirements for conducting SIMs. Among other things, the audit should address the FBI’s compliance with relevant requirements during SIMs pending from July 2019 to the present day, including additional SIM-related guidance and requirements imposed by the FBI in response to OIG’s December 2019 report regarding Crossfire Hurricane.”
But I do think Director Wray has proven once an error is found, he has done an exemplary job of correcting those errors. Sadly and as accurately predicted by Moi (again you can read the original June 2021. article here) this will be yet another stain on the FBI… but I remain confident in the FBI and DOJ —that they will “right the ship” and therefore any criticism should be taken with a grain of salt.
Again I’m sorry if the Senate Judiciary Letters are off putting but remember that we can only improve once we accept that errors were made. Also because in between conferences calls I was walking my dog/cat and it started snowing in the DMV (DC MD VA) area and I was like WTFingF is this white powdery shit falling from the sky - video or it didn’t happen - whoospie it actually did happen. True story growing up my mother told me “snow is Mother Nature’s dandruff” and that didn’t go over very well —and no I have not subjected my children to that “story” because they love and I mean love snow…
Also I’m taking tomorrow off because I’m in back to back virtual depos which means my bandwidth for my extracurricular Substack activities will be severely limited — but I might (operative word) manage to sneak away for an hour or so to write an article because there are a lot of things happening in DC, not the least of which President Biden’s proposed budget:
And no I’m not going to make it a habit of publishing two or more newsletters a day —mainly because I’m not a cyborg nor am I a super human. So I’ll see y’all on March 30th or tomorrow— which largely depends on how quickly the virtual depos are completed. Sheesh we are nearly two years out and the COVID-19 impact on my office is still very much front and center. I’d also like to finally commandeer my home office back, I don’t “share” or get along with a nosey office mate —to that end I’ve temporarily relocated my home office to one of our guest bedrooms —I never understood how much I enjoy working in silence.
And just to reiterate I am in no way castigating the entirety of the FBI or DOJ -I’m aiming my criticism about the purported and systematic departure from the P&Ps… facts and the truth can be uncomfortable but we, the American people are owed both and I applaud the Senate Judiciary Committee for demanding answers.
I remembered some of your previous reporting/writing on it. Especially about Barr. I've always known how good and thorough you are, but heavens I didn't know you were so fast. Like lightning. Good report/blog/article/info (lol). Love you. Enjoy your day off!! 💜
What a Monday this has been! I agree the ship will be righted--it takes time--and AG has a LOT on his plate! Barr knows what's coming, I think. And no matter what you say, you are too, SUPER to us. Every one of your posts is a treasure. Thank you so much for it all.
I remembered some of your previous reporting/writing on it. Especially about Barr. I've always known how good and thorough you are, but heavens I didn't know you were so fast. Like lightning. Good report/blog/article/info (lol). Love you. Enjoy your day off!! 💜
What a Monday this has been! I agree the ship will be righted--it takes time--and AG has a LOT on his plate! Barr knows what's coming, I think. And no matter what you say, you are too, SUPER to us. Every one of your posts is a treasure. Thank you so much for it all.