The FBI’s Ethical Culture Problem

This is not your father’s FBI. This is not even Kevin Costner’s FBI. The FBI issued a “recall” of several agents in Asia whilst the agency investigates reports of “parties and interactions with prostitutes.”

Let’s recap the past 18 months of FBI activity:

25 FBI agents and Department of Justice officials have been fired and/or demoted and/or resigned (although not in that order)

These were not run-of-the-mill agents who were partying. The list is long and troublesome (Thanks to Seamus Bruner and the Epoch Times for keeping track of the comings and goings (mostly goings) https://www.theepochtimes.com/strzok-joins-list-of-25-top-fbi-doj-officials-who-have-been-recently-fired-demoted-or-resigned_2624607.html::

From the FBI:

James Comey, director (fired)
Andrew McCabe, deputy director (fired) (grand jury investigation into his activities is pending)

Peter Strzok, second in command at FBI counterintelligence (demoted to HR and then fired)
Lisa Page, attorney (demoted; resigned)(to add to the drama, Strzok and Page were paramours and used their work phones to send thousands of texts to each other in a discoverable way under Freedom of Information Act (FOIA) (kind of the epitome of counterintelligence, wouldn’t one say?) including the following disturbing messages.

In a text message on August 8, 2016, Page stated, “[Trump’s] not ever going to become president, right? Right?!”
Strzok responded, “No. No he’s not. We’ll stop it.

And after Mr. Trump won the election:

09:38:14, FBI Attorney 2: “I am numb.”
09:55:35, FBI Employee: “I can’t stop crying.”
10:00:13, FBI Attorney 2: “That makes me even more sad.”
10:43:20, FBI Employee: “Like, what happened?”
10:43:37, FBI Employee: “You promised me this wouldn’t happen. YOU PROMISED.”
10:43:43, FBI Employee: Okay, that might have been a lie…”
10:43:46, FBI Employee: “I’m very upset.”
10:43:47, FBI Employee: “haha”
10:51:48, FBI Attorney 2: “I am so stressed about what I could have done differently.”
10:54:29, FBI Employee: “Don’t stress. None of that mattered.” 10:54:31, FBI Employee: “The FBI’s influence.”
10:59:36, FBI Attorney 2: “I don’t know. We broke the momentum.” 11:00:03, FBI Employee: “That is not so.”
11:02:22, FBI Employee: “All the people who were initially voting for her would not, and were not, swayed by any decision the FBI put out. Trump’s supporters are all poor to middle class, uneducated, lazy POS that think he will magically grant them jobs for doing nothing. They probably didn’t watch the debates, aren’t fully educated on his policies, and are stupidly wrapped up in his unmerited enthusiasm.”

Mr. Strzok was working on Robert Mueller’s team that was investigating the presidents for possible collusion. He was removed from that tema when the Inspector General found these texts. You can view the Inspector General’s full report on all of this: https://www.justice.gov/file/1071991/download

Other FBI employees:

James Rybicki, chief of staff (resigned)
James Baker, general counsel (resigned)
Mike Kortan, assistant director for public affairs (resigned)
Josh Campbell, special assistant to James Comey (resigned)
James Turgal, executive assistant director (resigned)
Greg Bower, assistant director for office of congressional affairs (resigned)
Michael Steinbach, executive assistant director (resigned)
John Giacalone, executive assistant director (resigned)

From the Justice Department

Sally Yates, deputy attorney general (fired)
Bruce Ohr, associate deputy attorney general (twice demoted) (working with Andrew McCabe)
David Laufman, counterintelligence chief (resigned)
Rachel Brand, deputy attorney general (resigned)
Trisha Beth Anderson, office of legal counsel for FBI (demoted or reassigned — remains unclear)
John P. Carlin, assistant attorney general (resigned)
Peter Kadzik, assistant attorney general, congressional liaison (resigned)
Mary McCord, acting assistant attorney general (resigned)
Matthew Axelrod, principal assistant to deputy attorney general (resigned)
Preet Bharara, U.S. attorney, SDNY (fired along with 45 other U.S. Attorneys)
Sharon McGowan, civil rights division (resigned)
Diana Flynn, litigation director for LGBTQ civil rights (resigned)
Vanita Gupta, civil rights division (resigned)
Joel McElvain, assistant branch director of the civil division (resigned)

If one were to diagram connections between and among these folks, there would be a lovely web. Regardless of where one sits on the political spectrum, there are serious issues at the FBI. The tone at the top is awful, the enforcement is slow and lax, and the rank-and-file need better leadership. This top-notch law enforcement agency, the one we could count on when organized crime escaped state and local authorities, is now an organization with serious ethical lapses and possible pending crimes. A top-to-bottom ethical culture assessment is the ticket for solving this crisis.

About mmjdiary

Professor Marianne Jennings is an emeritus professor of legal and ethical studies from the W.P. Carey School of Business at Arizona State University, retiring in 2011 after 35 years of teaching undergraduate and graduate courses in ethics and the legal environment of business. During her tenure at ASU, she served as director of the Joan and David Lincoln Center for Applied Ethics from 1995-1999. In 2006, she was appointed faculty director for the W.P. Carey Executive MBA Program. She has done consulting work for businesses and professional groups including AICPA, Boeing, Dial Corporation, Edward Jones, Mattel, Motorola, CFA Institute, Southern California Edison, the Institute of Internal Auditors, AIMR, DuPont, AES, Blue Cross Blue Shield, Motorola, Hy-Vee Foods, IBM, Bell Helicopter, Amgen, Raytheon, and VIAD. The sixth edition of her textbook, Case Studies in Business Ethics, was published in February 2011. The ninth edition of her textbook, Business: lts Legal, Ethical and Global Environment was published in January 2011. The 23rd edition of her book, Business Law: Principles and Cases, will be published in January 2013. The tenth edition of her book, Real Estate Law, will also be published in January 2013. Her book, A Business Tale: A Story of Ethics, Choices, Success, and a Very Large Rabbit, a fable about business ethics, was chosen by Library Journal in 2004 as its business book of the year. A Business Tale was also a finalist for two other literary awards for 2004. In 2000 her book on corporate governance was published by the New York Times MBA Pocket Series. Her book on long-term success, Building a Business Through Good Times and Bad: Lessons from Fifteen Companies, Each With a Century of Dividends, was published in October 2002 and has been used by Booz, Allen, Hamilton for its work on business longevity. Her latest book, The Seven Signs of Ethical Collapse was published by St. Martin’s Press in July 2006 and has been a finalist for two book awards. Her weekly columns are syndicated around the country, and her work has appeared in the Wall Street Journal, the Chicago Tribune, the New York Times, Washington Post, and the Reader's Digest. A collection of her essays, Nobody Fixes Real Carrot Sticks Anymore, first published in 1994 is still being published. She has been a commentator on business issues on All Things Considered for National Public Radio. She has served on four boards of directors, including Arizona Public Service (1987-2000), Zealous Capital Corporation, and the Center for Children with Chronic Illness and Disability at the University of Minnesota. She was appointed to the board of advisors for the Institute of Nuclear Power Operators in 2004 and served on the board of trustees for Think Arizona, a public policy think tank. She has appeared on CNBC, CBS This Morning, the Today Show, and CBS Evening News. In 2010 she was named one of the Top 100 Thought Leaders in Business Ethics by Trust Across America. Her books have been translated into four different languages. She received the British Emerald award for authoring one of their top 50 articles in management publications, chosen from over 15,000 articles. Personal: Married since 1976 to Terry H. Jennings, Maricopa County Attorney’s Office Deputy County Attorney; five children: Sarah, Sam, and John, and the late Claire and Hannah Jennings.
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2 Responses to The FBI’s Ethical Culture Problem

  1. Allison says:

    The FBI is anti constitutional in concept and scope. The only thing that is different is that now they are using that power against an American political party… Instead of against organized crime. The agency must be removed and is a classical example of why we must adhere to the constitution even when we are frustrated and driven by a collective desire to do good.

  2. mmjdiary says:

    Yes, there is a problem at the top level of the FBI — the politicization should be clear to all, regardless of which side of the aisle or outside the aisles we sit. Those problems at the top are far more difficult to address because of the power struggles. However, the problems such as this one, occurring in the belly of the organization, cannot be addressed or solved unless and until there is effective, credible, apolitical, and ethical leadership at the top. Presently, those qualities are missing in the agency’s leadership.

    And the agency’s mission (and it certainly has done its work in the past when state and local law enforcement proved to be ineffectual in addressing organized crime) has drifted significantly.

    As for the collective desire to do good — tough to find the virtue in this agency these days. Those who are virtuous may find it difficult to speak up because of poor leadership and worse examples.

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