- Sources tell The Daily Caller several FBI agents want congressional subpoenas to testify about the agency’s problems.
- The sources claim there is a demand within the agency to prosecute former Deputy FBI Director Andrew McCabe. They also say the bureau has become totally politicized.
- The subpoenas are desired by the FBI agents because potential government whistleblowers fear that legal retaliation from the bureau could financially ruin them through attorneys’ fees.
Many agents in the FBI want Congress to subpoena them so they can reveal problems caused by former FBI Director James Comey and former Deputy FBI Director Andrew McCabe, three people in direct contact with active field agents tell TheDC.
“There are agents all over this country who love the bureau and are sickened by [James] Comey’s behavior and [Andrew] McCabe and [Eric] Holder and [Loretta] Lynch and the thugs like [John] Brennan–who despise the fact that the bureau was used as a tool of political intelligence by the Obama administration thugs,” former federal prosecutor Joe DiGenova told The Daily Caller Tuesday. “They are just waiting for a chance to come forward and testify.”
Ahead of the release of the Department of Justice (DOJ) inspector general report on how the FBI handled the Clinton email investigation, TheDC spoke with DiGenova, a former Trump official who maintained contact with rank and file FBI agents and a counter-intelligence consultant who conducted an interview with an active special agent of the FBI’s Washington Field Office (WFO). (RELATED: Justice Department Watchdog Releases Damning Andrew McCabe Report)
TheDC independently confirmed the veracity of the consultant’s position and access, and reviewed detailed transcripts of his Q&A with the special agent, who requested the arrangement due to internal dragnets and fear of vicious retribution.
These agents prefer to be subpoenaed to becoming an official government whistleblower, since they fear political and professional backlash, the former Trump administration official explained to TheDC.
The subpoena is preferred, he said, “because when you are subpoenaed, Congress then pays…for your legal counsel and the subpoena protects [the agent] from any organizational retaliation…. they are on their own as whistleblowers, they get no legal protection and there will be organizational retaliation against them.”
DiGenova — who along with his wife, Victoria Toensing, has represented government whistleblowers in the past — agreed, telling TheDC, “It’s an intelligent approach to the situation given the vindictive nature of the bureau under Comey and McCabe. I have no idea how to read Chris Wray, who is not a leader and who has disappeared from the public eye during this entire crisis. You know, he may be cleaning house but if he’s doing so, he’s doing it very quietly.”
He added, “I don’t blame them. I don’t blame the agents one bit. I think that the FBI is in a freefall. James Comey has destroyed the institution he claims to love. And it is beyond a doubt that it is going to take a decade to restore public confidence because of Comey and Clapper and Brennan and Obama and Lynch.”
The special agent out of WFO alleged that rank and file FBI agents are fed up and desperately want action from the DOJ, according to the transcripts.
“Every special agent I have spoken to in the Washington Field Office wants to see McCabe prosecuted to the fullest extent of the law. They feel the same way about Comey,“ the special agent said, according to transcripts provided to TheDC. (RELATED: Report: FBI Recommends Firing Andrew McCabe)
“The administrations are so politicized that any time a Special Agent comes forward as a whistleblower, they can expect to be thrown under the bus by leadership. Go against the Muslim Brotherhood, you’re crushed. Go against the Clintons, you’re crushed. The FBI has long been politicized to the detriment of national security and law enforcement.”
The special agent added, “Activity that Congress is investigating is being stonewalled by leadership and rank-and-file FBI employees in the periphery are just doing their jobs. All Congress needs to do is subpoena involved personnel and they will tell you what they know. These are honest people. Leadership cannot stop anyone from responding to a subpoena. Those subpoenaed also get legal counsel provided by the government to represent them.”
The former Trump administration official explained the problems at the bureau go beyond just two people.
“They know that it wasn’t just Comey and McCabe in this case. That’s too narrow a net to cast over these guys. There’s a much broader corruption that seeped into the seventh floor at the bureau.” (RELATED: EXCLUSIVE: FBI Agents Say Comey ‘Stood In The Way’ Of Clinton Email Investigation)
“They ruined the credibility of the bureau and the technical ability of the bureau, so systemically, over the past several years, they’re worried about their organizational reputation and their professional careers,” this former Trump administration staffer said, noting the bureau’s difficulty in prosecuting cases these days.
“They go to court and they’re just laughed at.”
According to an analysis in Time Magazine earlier this month, the FBI has struggled with conviction rates for several years now after they send cases to the DOJ for prosecution. In less than half the cases the FBI sent to the Justice Department, the conviction rate was only 47 percent in 2017. This number is far below the mean of the 72 percent average for all other government agencies, according to Time.
In the meantime, DiGenova and the others who spoke to TheDC believe it is time for Congress to issue subpoenas to FBI agents who are willing to talk. According to DiGenova, the House and Senate Judiciary Committees can issue these subpoenas.
“Either one of those [committees] would be fine. I’m sure the committees could hold hearings in a New York minute,” he said.
He added, “I can assure you I’ve been approached by agents who want to be subpoenaed for the same reason the guys in the field,” adding, “All over this country there are agents but the big ones the ones that matter New York–Washington I can assure you I’ve spoken with agents who want to come forward.”