J. Edgar Hoover’s oversteps: Why FBI directors are forbidden from getting cozy with presidents

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Former FBI Director James Comey testifies on Capitol Hill in Washington. AP Photo/Carolyn Kaster

Douglas M. Charles, Pennsylvania State University

How are U.S. presidents and FBI directors supposed to communicate?

A new FBI director has recently been nominated, former Assistant Attorney General Christopher Wray. He will certainly be thinking carefully about this question as he awaits confirmation.

Douglas Charles

Former FBI Director James Comey’s relationship with President Donald Trump was strained at best. Comey was concerned that Trump had approached him on nine different occasions in two months. In his testimony to Congress, Comey stated that under President Barack Obama, he had spoken with the president only twice in three years.

Comey expressed concern about this to colleagues, and tried to distance himself from the president. He tried to tell Trump the proper procedures for communicating with the FBI. These policies have been enmeshed in Justice Department guidelines. And for good reason.

FBI historians like myself know that, since the 1970s, bureau directors try to maintain a discrete distance from the president. This tradition grew out of reforms that followed the often questionable behavior of former FBI Director J. Edgar Hoover, who served from 1924 to 1972.

Over this long period, Hoover’s relationships with six different presidents often became dangerously close, crossing ethical and legal lines. This history can help us understand Comey’s concerns about Trump and help put his testimony into larger context.

As the nation’s chief law enforcement arm, the FBI today is tasked with three main responsibilities: investigating violations of federal law, pursuing counterterrorism cases and disrupting the work of foreign intelligence operatives. Anything beyond these raises serious ethical questions.

From FDR to Nixon

When Franklin Roosevelt became president in 1933, Hoover worked hard to develop a close working relationship with the president. Roosevelt helped promote Hoover’s crime control program and expand FBI authority. Hoover grew the FBI from a small, relatively limited agency into a large and influential one. He then provided the president with information on his critics, and even some foreign intelligence, all while ingratiating himself with FDR to retain his job.

President Harry Truman didn’t much like Hoover, and thought his FBI was a potential “citizen spy system.”

Hoover found President Dwight Eisenhower to be an ideological ally with an interest in expanding FBI surveillance. This led to increased FBI use of illegal microphones and wiretaps. The president looked the other way as the FBI carried out its sometimes questionable investigations.

Attorney General Robert F. Kennedy and Director of FBI J. Edgar Hoover.
Wikimedia Commons/Abbie Rowe

But when John F. Kennedy became president in 1961, Hoover’s relationship with the president faced a challenge. JFK’s brother, Robert Kennedy, was made attorney general. Given JFK’s close relationship with his brother, Hoover could no longer bypass his boss and deal directly with the president, as he so often did in the past. Not seeing eye to eye with the Kennedys, Hoover cut back on volunteering political intelligence reports to the White House. Instead, he only responded to requests, while collecting information on JFK’s extramarital affairs.

By contrast, President Lyndon Johnson had a voracious appetite for FBI political intelligence reports. Under his presidency, the FBI became a direct vehicle for servicing the president’s political interests. LBJ issued an executive order exempting Hoover from mandatory retirement at the time, when the FBI director reached age 70. Owing his job to LBJ, Hoover designated a top FBI official, FBI Assistant Director Cartha “Deke” DeLoach, as the official FBI liaison to the president.

The FBI monitored the Democratic National Convention at LBJ’s request. When Johnson’s aide, Walter Jenkins, was caught soliciting gay sex in a YMCA, Deke DeLoach worked directly with the president in dealing with the backlash.

One might think that when Richard Nixon ascended to the presidency in 1968, he would have found an ally in Hoover, given their shared anti-Communism. Hoover continued to provide a wealth of political intelligence to Nixon through a formal program called INLET. However, Hoover also felt vulnerable given intensified public protest due to the Vietnam War and public focus on his actions at the FBI.

Hoover held back in using intrusive surveillance such as wiretaps, microphones and break-ins as he had in the past. He resisted Nixon’s attempts to centralize intelligence coordination in the White House, especially when Nixon asked that the FBI use intrusive surveillance to find White House leaks. Not satisfied, the Nixon administration created its own leak-stopping unit: the White House plumbers – which ended in the Watergate scandal.

Not until after Hoover’s death did Americans learn of his abuses of authority. Reform followed.

In 1976, Congress mandated a 10-year term for FBI directors. The Justice Department later issued guidelines on how the FBI director was to deal with the White House and the president, and how to conduct investigations. These guidelines have been reaffirmed, revised and reissued by subsequent attorneys general, most recently in 2009. The guidelines state, for example: “Initial communications between the Department and the White House concerning pending or contemplated criminal investigations or cases will involve only the Attorney General or the Deputy Attorney General.”

The ConversationThese rules were intended to ensure the integrity of criminal investigations, avoid political influence and protect both the Justice Department and president. If Trump attempted to bypass these guidelines and woo Comey, that would represent a potentially dangerous return to the past.

Douglas M. Charles, Associate Professor of History, Pennsylvania State University This article was originally published on The Conversation. Read the original article.

Comey isn’t the first FBI director to keep memos on a president

FILE – In this May 8, 2017, file photo, then-FBI Director James Comey speaks to the Anti-Defamation League National Leadership Summit in Washington. (AP Photo/Susan Walsh, File)

By Douglas M. Charles, Penn State Greater Allegheny Associate Professor of History

 

President Donald Trump allegedly asked FBI Director James Comey to drop the FBI’s investigation into Michael Flynn. The Conversation

President Franklin Roosevelt asked FBI Director J. Edgar Hoover to collect information on Americans who had committed no crimes.

President Richard Nixon asked Hoover to provide the White House a list of reporters the FBI knew were homosexual.

How do we know? FBI director memos.

As an FBI historian, I was not surprised to learn that Comey kept memos. The FBI’s history shows such documentation can be essential to how FBI directors operate, and how they can insulate or protect the FBI’s integrity.

Intelligence on noncriminal activity

In the summer of 1936, Roosevelt met the FBI director in the White House to discuss, according to Hoover’s memo, “subversive activities in the United States, particularly Fascism and Communism.” Hoover wrote that FDR was interested in getting from the FBI “a broad picture of the general movement and its activities as may effect the economic and political life of the country as a whole.” Hoover replied that “no governmental organization” collected that kind of information.

Hoover, second from left, stands over Roosevelt as he signs a bill giving the FBI immense power. (AP Photo)

Nobody collected that information because of FBI improprieties dating to World War I and the Red Scare of 1919 to 1920. During that period, the FBI had collected political intelligence on prominent politicians, social justice advocates and others it perceived as dangerous. In response, Attorney General Harlan Fiske Stone publicly issued investigative guidelines that banned FBI agents from collecting intelligence related to noncriminal activity.

Notwithstanding these restrictions, FBI Director Hoover informed the president that a statute from 1916 allowed the FBI to investigate “any matters referred to it by the Department of State.” Roosevelt, though, was “reluctant” to formally ask the State Department for this request because information was constantly leaked from the department.

Instead, he asked Hoover to return to the White House the following day with Secretary of State Cordell Hull.

The next day, FDR explained to Hull and Hoover that he wanted a “survey” of Communist and Fascist activity in the country. Hull asked if he wanted the State Department to make a written request of the FBI. Roosevelt declined, saying he wanted “the matter to be handled quite confidentially.”

The president promised Hoover he would write his own memo about his request and place it in his White House safe, but such a document has never been located in FDR’s presidential papers. Hoover’s memo about the meeting remains our only historical source about it. The presidential directive to the FBI then remained a verbal one, albeit secretly documented by Hoover, with no White House-generated paper trail.

The meeting and memo were significant because they marked a shift for the FBI. Because of the president’s request and Hoover’s own interests, the FBI began prioritizing noncriminal intelligence investigations over criminal ones. This is the point where the FBI became, primarily, an intelligence agency. Hoover would thereafter collect massive amounts of noncriminal-related intelligence on Americans both prominent and common.

Homosexual reporters

A second example of the FBI director generating a memo about a sensitive presidential request dates to Nixon in 1970, during Hoover’s final years as FBI director. At that time, Nixon was obsessed with the constant stream of leaks from his administration and in discrediting the leakers.

J. Edgar Hoover memo from 1970.
FBI

Nixon had his Chief of Staff Bob Haldeman call Hoover to request “a run down on the homosexuals known and suspected in the Washington press corps.” Haldeman said the president thought the request would be easy because he assumed Hoover “would have it pretty much at hand.”

Hoover said he “thought we have some of that material.” To that, the chief of staff offered a couple of names of suspected gay journalists and added the president “has an interest in what, if anything else, we know.” Hoover told him the FBI “would get after that right away.”

In 1970, Hoover had passed what was then the mandatory retirement age of 70. He remained FBI director only because President Lyndon Johnson had issued an executive order exempting Hoover. Nixon could revoke that order at any time. With his job vulnerable, Hoover willingly complied with Nixon’s request. Hoover’s FBI also actively collected and disseminated information about gays, and Nixon knew this.

Handwritten notes on Hoover’s memo – the only record of the request, sent to Hoover’s top FBI officials – indicate that the FBI compiled the requested information and sent it to the White House in letter format, dated Nov. 27, 1970. To date, this letter has not surfaced either at the FBI or among the Nixon papers. Because we don’t have the letter, we also do not know the exact content of the information Hoover shared, or whether and how Nixon might have used it against reporters.

Hoover was an astute bureaucrat who had a history of dealing with sensitive or controversial presidential requests. He fully realized, like Comey, the value of documenting his interactions with presidents. Hoover knew that if need be, he could produce the memo as proof he was ordered to do something that, if undocumented, might jeopardize his position as FBI director or lead him to legal trouble. In other words, the memo was a get-out-of-jail-free card.

It seems a similar situation may be unfolding with Comey. President Trump implied or boasted he might have tapes to use against Comey. But Comey actually documented his interactions with the president. The Comey memos and the FBI’s history shows how a careful bureaucrat in charge of a powerful agency can not only deftly protect himself, but the integrity of a democratic institution.

Douglas M. Charles, Associate Professor of History, Pennsylvania State University. This article was originally published on The Conversation. Read the original article.

Trump and the history of the ‘first 100 days’

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Will history give Trump a thumbs-up for his first 100 days? (AP Photo/Luis M. Alvarez)

By Robert Speel, Pennsylvania State University

 

The federal government is currently being funded by a continuing resolution that expires on April 28, 2017 – which also happens to be the 99th day of Donald Trump’s presidency. The Conversation

Robert Speel

If Congress fails to approve a new spending deal before then, Trump’s 100th day as president will begin with a federal government shutdown.

The last government shutdown took place under President Obama and lasted for more than two weeks in 2013. Hundreds of thousands of federal government employees were furloughed. The Smithsonian museums and National Park Service sites were closed, including the Statue of Liberty, Independence Hall in Philadelphia and the Washington monuments and memorials.

With current fights in Congress over spending on the military, the border wall and sanctuary cities, it’s certainly possible that no new continuing resolution will be passed in time.

That would make Trump’s 100th day in office an unusual anniversary, but the truth is not all recent presidents have much to brag about when it comes to the impact of their first months in office.

Creating the concept

The idea of using a president’s first 100 days in office as a way to evaluate him began in 1933 with Franklin D. Roosevelt – although FDR actually had in mind measuring the New Deal achievements of the first 100 days of a special congressional session that year. In a July 24 Fireside Chat, FDR referred to “the crowding events of the 100 days which had been devoted to the starting of the wheels of the New Deal.” Journalists, historians and political scientists continued the practice of looking for accomplishments in the early months of a presidency.

Vice President John Nance Garner (left) affectionately pats the head of President Franklin D. Roosevelt. (AP Photo)

During those 100 days, FDR got many major bills through Congress to battle the economic crisis of the Great Depression. These bills created the Public Works Administration and the Civilian Conservation Corps to provide job opportunities, the Federal Deposit Insurance Corporation to insure bank deposits and the Tennessee Valley Authority to provide rural electricity. This flurry of activity became the standard by which future presidents would be judged – often coming up short.

In a 2001 study, political scientists John Frendreis, Raymond Tatalovich and Jon Schaff determined that the presidents who followed FDR have not come close to his success levels in seeing proposed bills pass into law so early in their administrations. The authors attributed that to changes in Congress that have slowed down the lawmaking process.

Let’s consider how the presidents have done.

Truman to Clinton

Following FDR’s death, Harry Truman’s first 100 days were focused on the closing battles of World War II, with Germany’s surrender occurring less than one month after Truman took office.

Dwight Eisenhower’s first 100 days were similarly dominated by foreign policy, including the death of Soviet Union leader Joseph Stalin and negotiations to end the Korean War.

John Kennedy entered office with an ambitious agenda, which included the creation of the Peace Corps, but his first 100 days are probably best remembered for the disastrous Bay of Pigs invasion of Cuba.

Lyndon Johnson’s first 100 days were most consumed by coping with the aftermath of Kennedy’s assassination, but LBJ also used the period and Kennedy’s legacy to begin the groundwork to pass major civil rights and war on poverty legislation.

While Richard Nixon also promoted an ambitious domestic agenda in the White House, his first 100 days contained no major visible achievements at the time. Nixon told reporters: “I don’t count either the days or the hours, really. I never thought in those terms. I plan for a long term.” Later, it was revealed that he had ordered a secret bombing of Cambodia during the period.

Gerald Ford’s first 100 days are best remembered for his swearing-in ceremony following Nixon’s resignation, when he announced that “our long national nightmare is over.” He then pardoned Nixon one month later for any crimes the former president had committed in office.

Jimmy Carter also had an inauspicious start. Possibly due to his inexperience in Washington, he asked Congress to pursue several different domestic policy goals, many of which never passed into law. Perhaps best remembered from Carter’s early months is his speech from the White House to declare that energy policy and efforts to end American dependence on oil were the “moral equivalent of war.”

Ronald Reagan’s administration drew the lesson from his immediate predecessor that it was best to focus on one or two domestic issues during the first 100 days. Reagan spent his first months as president promoting an agenda of tax and spending cuts, though those did not pass into law until August 1981, four months later. Reagan’s first 100 days as president were also notable for the assassination attempt made against him, which limited his political efforts for part of the time period.

George H.W. Bush’s first 100 days as president were largely a continuation of the policies of the Reagan presidency. They were noted at the time for being relatively uneventful, with a congressional battle over a secretary of defense nominee and the Exxon Valdez oil spill in Alaska dominating the political news.

The biggest political news story during Bill Clinton’s first 100 days was probably the failure of his stimulus package of domestic spending increases to get past a Republican filibuster in the Senate, though the eventual budget that resulted helped steer the United States toward budget surpluses later in the decade. Clinton’s first month also included his signing of the Family and Medical Leave Act into law, the start of a debate about service of gays in the military and the creation of a task force on national health care reform, chaired by Hillary Clinton.

The 21st century

George W. Bush took office in January 2001 after a disputed electoral outcome in Florida led to a 5-4 Supreme Court decision that essentially made him president. In a politically divided country, Bush’s strategy seemed to be to avoid controversy and build his political capital, with his major legislative proposals in the time period involving tax cuts and education reform.

Due to the economic crisis that began during Bush’s final months as president, Barack Obama’s first 100 days in office were dominated by the passage of the American Recovery and Reinvestment Act, a package of economic stimulus investments that by some measures was even larger than those passed in FDR’s 100 days in 1933. During a CBS “60 Minutes” interview in November 2008, Obama even said he was reading about FDR’s 100 days as an example.

Which brings us back to Donald Trump.

Trump’s main political success so far has been the confirmation of Neil Gorsuch to the Supreme Court. His promised repeal and replacement of the Affordable Care Act failed to get support in Congress. His attempted travel entry bans of citizens of certain Islamic countries into the U.S. and attempted suspension of refugee entry have so far led to massive protests and have been blocked by federal judges.

The Trump administration has also taken military action in Syria, Iraq, Yemen and Afghanistan, approved the construction of oil pipelines through North Dakota and sent out a request for contract bids to build a border wall with Mexico. It’s not clear yet which of these events will be well-remembered a year – or 10 – from now.

One thing is sure. If the Liberty Bell or the Lincoln Memorial is closed to tourists on Trump’s 100th day as president, it’s likely that government malfunction will be what is remembered about Trump’s first few months in office.

Robert Speel, Associate Professor of Political Science, Erie campus, Pennsylvania State University. This article was originally published on The Conversation. Read the original article.

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