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Steve Cortes and Jake Sullivan Can Both Be Right About the FBI

AP Photo/Stephanie Scarbrough

"If the FBI is "independent," and "insulated" from elected politicians," Steve Cortes asks, "Then to whom does it answer? To itself?"

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Cortes retweets a POLITICO headline quoting Jake Sullivan as saying the FBI should remain "an independent institution insulated from politics."

The FBI should do its work evenhandedly and be accountable. Its stated mission is to "protect the American people and uphold the Constitution of the United States."

Part of "evenhanded" is doing work in subservience to the law, to an organizational mission, and to appropriate oversight. It means that a bureau can maintain its independence by being true to the law. Whether congressional oversight or leadership by its administrative hierarchs, the White House and the Department of Justice, the FBI can answer for its work without fear of "political" taint by following the law. The word political in the previous sentence is in quotes because there is no avoidance of politics in a representative republic, but the FBI should be free from political agendas that would disturb its evenhanded work under the law.

The problem is not solvable by the FBI developing more HR or personnel regulations, though some of those may or may not be helpful. The problem is not solvable by the Bureau divorcing itself from its immediate administrative hierarch, the Department of Justice. The problem is not solvable by the confirmation of a new director, not by that change alone. The problem is solved when and only when the hearts and minds of all those who are employed at the FBI choose to do the right things and make right judgments as they evenhandedly and accountably work to protect the American people and uphold the Constitution of the United States.

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The mission of the Justice Department, of which the FBI is a part, is to "uphold the rule of law, to keep our country safe, and to protect civil rights." It is altogether appropriate for members of the FBI to do their assigned work in the spirit of being quasi-referees and not go into the nitty-gritty of political horseraces and controversies more than is necessarily warranted, thereby being independent of that form of politics. It is altogether appropriate for Congress to oversee and for the Department of Justice to lead the FBI, thereby providing necessary accountability.

By following the law, the FBI can give lawfully based answers when brought before congressional committees and asked about its practices and work. By doing its work, the FBI can be shielded from controversies by staying on its mission and doing what it is assigned. That is how "mission creep" is avoided, and it is how abuse of power is avoided. Consequences for coloring outside of the assigned lines or taking more authority than rightfully granted are avoided simply by maintaining fidelity to the assigned parameters and not taking undue power.

But the problem is not the FBI, not the FBI. No, no. The problem ultimately boils down to greed and perversity, which have been shrugged off in our nation and have been allowed to permeate every aspect of it, including our government. Our government reflects our people in many ways, and if cheating and taking a little here and a little there is allowed in the private sector, in communities, in social groups, among citizens and businesses, how can we be shocked when the same happens in our government? When basic bounds of morality are removed in our society, how can we be shocked when our government does not work within legal boundaries? Thus, the problems at the FBI and any other department, agency, or bureau are solved by doing the right things, making right judgments, staying on mission, and following and upholding the law.

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