Thursday, May 03, 2018
The FBI Is in Crisis. It's Worse Than You Think | Time
The FBI Is in Crisis. It's Worse Than You Think | Time
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The FBI’s crisis of credibility appears to have seeped into the jury room. The number of convictions in FBI-led investigations has declined in each of the last five years, dropping nearly 11% over that period, according to a TIME analysis of data obtained from the Justice Department by researchers at Syracuse University. “We’ve already seen where the bad guys and witnesses look at those FBI credentials, and it might not carry the same weight anymore,” says O’Connor.
Indeed, public support for the FBI has plunged. A PBS NewsHour survey in April showed a 10-point drop–from 71% to 61%–in the prior two months among Americans who thought the FBI was “just trying to do its job” and an 8-point jump–from 23% to 31%–among those who thought it was “biased against the Trump Administration.”
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Many of the bureau’s woes developed on Comey’s 3½-year watch.
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At 2:31 p.m. on Jan. 5, the FBI’s round-the-clock tip center in West Virginia received a chilling phone call. The caller gave her name and said she was close to the family of an 18-year-old in Parkland, Fla., named Nikolas Cruz. Over 13 minutes, she said Cruz had posted photos of rifles he owned and animals he mutilated and that he wanted “to kill people.” She listed his Instagram accounts and suggested the FBI check for itself, saying she was worried about the thought of his “getting into a school and just shooting the place up,” according to a transcript of the call.
The FBI specialist checked Cruz’s name against a database and found that another tipster had reported 3½ months earlier that a “Nikolas Cruz” posted a comment on his YouTube channel saying, “I’m going to be a professional school shooter.” But neither tip was passed on to the FBI field agents in Miami or local officials in Parkland. After Cruz allegedly killed 17 people with an AR-15 rifle at his old school just six weeks later, the bureau admitted that it had dropped the ball and ordered a full review. “You look at this and say, ‘You’ve got to be kidding me,'” says Anderson, the former FBI official.
The Parkland shooting was only the latest in a string of devastating misses. After Omar Mateen shot and killed 49 people at the nightclub Pulse in Orlando in June 2016, the FBI said it had investigated him twice before on terrorism suspicions, but shut the inquiries for lack of evidence. The year before, after Dylann Roof shot to death nine African-American parishioners at a South Carolina church, the FBI acknowledged that lapses in its gun background-check system allowed him to illegally buy the .45-caliber handgun he used in the massacre. And in 2011, the FBI received a tip from Russian intelligence that one of the Boston Marathon bombers had become radicalized and was planning an overseas trip to join radical Islamic groups. The FBI in Boston investigated him but found no “nexus” to terrorism.
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In January, a federal judge threw out all the criminal charges against renegade Nevada cattleman Cliven Bundy, his two sons and a supporter who had been in an armed standoff over unpaid grazing fees. Judge Gloria Navarro accused the government of “outrageous” and “flagrant” misconduct, citing failures by both prosecutors and the FBI to produce at least 1,000 pages of required documents. The judge said the FBI misplaced–or “perhaps hid”–a thumb drive revealing the existence of snipers and a surveillance camera at the site of the standoff.
A related case in Oregon, growing out of the 2016 takeover of a wildlife refuge by Bundy’s sons and their followers, has not gone well for the FBI either. An agent at the scene, W. Joseph Astarita, is now charged with five criminal counts after prosecutors say he falsely denied shooting twice at an occupation leader who was fatally shot by police, who said he appeared to be reaching for his handgun during a roadside encounter. The Bundy sons and five supporters who helped in the takeover were found not guilty of conspiracy and weapons charges, in another jarring setback for the government.
Some legal experts and defense advocates see the string of recent not guilty verdicts as a sign that jurors and judges are less inclined to take what the FBI says in court at face value. Data examined by TIME support that conclusion. The number of convictions in FBI-led investigations dropped last year for the fifth consecutive year–from 11,461 in 2012 to 10,232, according to Syracuse University data, which was obtained under Freedom of Information Act requests.
Moreover, TIME’s analysis shows a surprisingly low rate of success for the thousands of cases the FBI investigates and sends to the Justice Department for possible prosecution. Over that same time period, the Justice Department has ultimately won convictions in fewer than half the cases the FBI referred for prosecution, with a conviction rate of 47% last year, the data showed. That fell well below the average of 72% for all agencies. Prosecutors themselves have rejected many of the FBI’s referrals before they ever got to court. The bureau’s low success rate in these cases has remained largely unchanged in recent years.
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Maggie Nichols, who was a member of the national gymnastics team, reported three years ago that team physician Larry Nassar had molested her [...] for nearly a year as the case languished among different FBI field offices in Indianapolis, Detroit and Los Angeles. Nassar is believed to have molested dozens of additional victims over the course of that year. [...] no one from the FBI has contacted the victims to explain the delay.
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http://time.com/5264153/the-fbi-is-in-crisis-and-america-is-paying-the-price/
http://time.com/5264153/the-fbi-is-in-crisis-and-america-is-paying-the-price/
Labels: Oleg Zabluda