Solutions to restore honor, integrity, trust & accountability at the doj-fbi & our federal institutions!

The House Judicial Committee or some other appropriate committee or entity should form a task force or an independent panel comprised of law enforcement professionals, prosecutors, & govt. watchdog professionals who are 100% free of any & all political conflicts of interest with their focus on restoring checks, balances & accountability by restructuring the federal criminal justice organizational chart & restoring America as a “Rule of Law” nation.

This task force, panel or committee should consider a number of actions including but by no means limitted to:

SOLUTIONS TO RESTORE HONOR, INTEGRITY, TRUST & ACCOUNTABILITY AT THE DOJ-FBI & OUR FEDERAL INSTITUTIONS!

  1. Establish an Office of Federal Oversight Investigative Services to replace the Inspector General’s office. This office must be separate from the DOJ, possess equal power to our existing DOJ, & possess the power to empanel a grand jury, issue subpoenas & to investigate & prosecute govt. officials, govt. employees & civilians conspiring with or enabling govt. officials, agents or employees to violate the constitution or federal laws.

  2. Do NOT renew Section 702 of the FISA Act as it is currently written. While the ability to conduct warrantless foreign surveillance is essential, Section 702 must be amended to criminalize abuse and to create solid protections for American citizens to ensure their constitutional rights are protected. The continued abuses that have occurred must be stopped.

  3. Restructuring the criminal justice organizational chart of the federal govt. to establish systematic checks & balances within America’s criminal justice & intelligence agencies.

  4. Enact mandatory criminal penalties for executive branch employees, inclusive of all agencies within the executive branch, operatives, contractors, sub-contractors or anyone acting on their behalf for violations of any federal law, rules, or regulations. This will require some thought and consideration because we don’t want to criminalize an honest mistake but we do want to criminalize intentional breaches resulting in an abuse of discretionary authority or violations of constitutionally protected civil rights.

  5. Return to the de-centralized Office of Origin system where in one or several field offices controlled an investigation, liaising & delegating as necessary based on applicable leads, evidence & circumstances with Auxiliary Offices without interference from the administrative office in D.C.

  6. Politicians running for or occupying elected offices should be neither protected, targeted nor receive special treatment of any type at any time. Politicians are citizens – no more nor any less. An essential element included in this policy change is that all investigative & prosecutorial decisions must be made by Special Agents in Charge (SACs) in the Office of Origin & the U.S. Attorney with appropriate district jurisdiction UNLESS any of those personnel have a conflict of interest. When a conflict of interest exists, the case must be transferred to another district where no conflicts of interest exist. DOJ-FBI headquarters personnel should NOT be involved in this decision process. This conflict-of-interest policy should apply to all federal govt. investigative & prosecutorial decisions for all purposes.

  7. The immunities provided to federal agents as individuals & to the federal govt. as a whole need to be limitted. All federal agents must have qualified immunity, as do almost all municipal law enforcement officers; however, the broadened federal immunities must be reduced or eliminated.

  8. Legislation mandating arrests & prosecutions for certain offenses when probable cause has been established that any person or persons violated the elements of those offenses needs to be enacted much in the same way that many states have passed legislation mandating arrests in domestic violence cases & eliminating and/or limitting the discretionary powers of the investigating & arresting officers.

  9. Enact legislation prohibiting the DOJ, DOJ agencies & all federal agencies & employees from contacting, directly or indirectly pressuring or influencing social media venues or any other venue except for criminal investigative purposes directly related to criminal offenses. Each violation of this legislation should be considered a class E felony for each count or offense at a minimum.

  10. Enact legislation prohibiting any & all efforts to control, influence, enhance or suppress news or public information, either directly or indirectly, or via any private sector person, corporation or venue. All violations of this legislation should be considered a class E felony for each count or offense at a minimum.

  11. Amend 18 U.S. Code § 1001 to require that making a false statement must be made with the intent to deceive for the purpose of committing a crime or aiding & abetting others as part of a criminal conspiracy. As the law stands, the FBI has abused the intent of the law & prosecuted people based on subjective judgements in addition to obviously applying double standards.

  12. The 1993 Hatch Act amendments allowing federal employees to participate in political campaigns must be rescinded. The conflicts of interest created by these amendments constitutes one of the primary reasons many of America’s citizens have lost all trust & confidence in many of our federal institutions.

  13. Enact administrative rules & regulations mirroring all of the aforementioned legislative recommendations creating administrative punishments allowing for offending personnel to be fired, demoted, stripped of benefits, suspended, lose security clearances & permanently forbidden federal employment.

The definition of organized crime is: Complex of centralized enterprises set up for the purpose of engaging in illegal activities. Usually, it’s for profit but profit is not limitted to money. Profit can be political power/influence or other types of value such as altering a nation’s political landscape, acquiring power or illegally advancing a political objective.
We commonly think of an organized criminal enterprise, such as the mafia or a criminal cartel, as being comprised by people who employ violence against those failing to comply with or opposing their agenda. Unlike those criminal enterprises, our DOJ, the IRS, the intelligence agencies & other govt. organizations utilize near unfettered power to bankrupt & destroy the quality of life of those who fail to comply with or oppose their agenda through stress inducing audits, investigations, & prosecutions often based on pretextual or manufactured information. On January 4, 2017, even leftist democrat NY Senator Chuck Schumer said as much when he stated to Rachel Maddow as a warning to then President-elect Trump, “Let me tell you, you take on the intelligence community, they have six ways from Sunday to get back at you. So, even for a practical, supposedly hard-nosed businessman, he is being really dumb to do this.” In other words, Schumer was saying, “Don’t piss off the govt. or the govt. will bring you down!”
America was the first nation on earth formed with the concept of being ruled by its people, its free people, rather than by its govt. or elite establishment rulers! If the original concept of our founding fathers is going to continue, we must re-establish an effective & meaningful system of checks, balances & accountability.

We need to prune the federal government tree!

Wow, you waded into a lot of issues. I agree with some of them, and offer some additional thoughts to consider:

Your opening paragraph seems to suggest that a lot of Federal Agencies don’t follow the “Rule of Law”, probably due in part to Qualified Immunity. On the other end, it has been stated that the average business executive commits 3 felonies a day, because there are so many Federal laws designed to catch anyone doing anything the government deems inappropriate. To paraphrase another P4P poster, “Show me the man and I will show you his crimes”. Federal agencies will claim they are following the “Rule of Law” to the letter in prosecuting any and all cases. The problem isn’t following the “Rule of Law”. The problem is that there are so laws that any citizen can be nab. And with QI, government employees will not.

You suggest establishing an Office of Federal Oversight Investigative Services (OFOIS) to replace the Inspector General’s office. There dozen of IG positions across many, if not all, major Federal Agencies. I presume your proposal is to consolidate all of them under OFOIS, not just DOJ? And to whom would this Office report to? To someone in the executive branch? White House Cabinet position? Directly to President or VP? Let me suggest that it report to the Congressional oversight agency, the General Accountability Office (GAO)

You also suggest “Restructuring the criminal justice organizational chart of the federal govt. to establish systematic checks & balances within America’s criminal justice & intelligence agencies.” I too think this is needed. The entire Federal justice system is housed within the executive branch: investigators, prosecutors, and courts. And they work lock-step with each other to ensure a 99% win rate, no matter how questionable a case might be. Now you might think the Federal courts are independent, and are part of the judicial branch. But no, only the Supreme Court is part of the judicial branch, and they only review the tiniest sliver of cases appealed to them.

To restructure, I have thought in order to protect the people from the government, we need the federal courts to report to the judicial branch, the prosecutors report to the legislative branch, and the investigators remain within the executive. But this is so tremendously radical, and there would be large obstacles to accomplish this. So I would propose that a small percentage of prosecutors would be housed in your proposed OFOIS (Legislative branch) to pursue cases against Federal employees, and only the Federal Courts of Appeals be moved to the Judicial Branch. Cases against Federal employee would be initially tried in Federal Appeal Courts. Finally, Federal Appeals Court Judges need to be somewhat equally divide between former prosecutors and defense attorneys. Today most Federal Judges are former prosecutors, and they see things, judge things, and favor things like a prosecutor

Regarding Qualified Immunity, this term and concept originated from case law established by a 1967 Supreme Court decision. As such, is not the purview of legislative law making. Although try we might, it would probably be overturn in court. Here is a link to another post that explain in more detail. Police Officer Reform & Take away qualify immunity

Finally, are we, as a people, and as a government, trying to criminalize too many actions we deem inappropriate? I suggest we reduce-criminalize a number of our statues and make them misdemeanors and/or civil judgments with higher fines/penalties as appropriate.