personnel of the [DOJ] relating to criminal and civil proceedings,” and in the U.S. Attorney’s Manual Title 1-7.000 “Confidentiality and Media Contacts Policy.” This would include receiving advanced approval by the appropriate United States Attorney or Assistant Attorney General before communicating with the media about a pending investigation or case, except in emergency circumstances. Training on these policies will be included in the training described above.
3. Issues involving media contacts, dissemination of information, and leaks
The OIG’s conclusion that there is a need to change the “cultural attitude” regarding media contacts and leaks at the FBI is troubling. The FBI is acutely aware of the damage unauthorized communications or leaks can cause to investigations, prosecutions, the personal lives of those involved in the case or who may be subjects or targets, and the reputation of the Bureau. Leaks or unauthorized communications are not taken lightly, are never condoned, and may result in discipline, up to and including termination, and potentially prosecution. Given the conclusions reached in the OIG report, the Director instructed the Assistant Director of OPR to review whether current disciplinary penalties are adequate to deter unauthorized media contact or leaks and to report back on their adequacy, or the need for additional penalties, within 30 days.
The FBI protects information on a need-to-know basis and, to reinforce the limitations on sharing that information, revised its media policy effective November 15, 2017. As an additional step, the FBI will ensure that, within 30 days, all personnel are fully aware of the media policy and the serious potential consequences for noncompliance. The new media policy restricts who is authorized to communicate with the media (i.e., within FBI Headquarters, the Director, Deputy Director, Associate Deputy Director, Assistant Director of the Office of Public Affairs, and designated OPA staff; in a field office, the Assistant Director in Charge or Special Agent in Charge, designated public affairs officer, or other personnel specifically authorized by the field office head). The new policy requires that “all contact with members of the media about FBI matters must be reported” to the relevant Headquarters or field office officials. It also requires that personnel “must immediately notify their supervisors if contact with a member of the media concerns suspected classified or grand jury subject matter.” The policy also requires conformance with DOJ guidelines contained in 28 CFR 50.2 “Release of information by personnel of the [DOJ] relating to criminal and civil proceedings,” and in the U.S. Attorney’s Manual Title 1-7.000 “Confidentiality and Media Contacts Policy.” The FBI’s policies, training, and disciplinary measures related to media contact and ethics rules, combined with any additional policies and training developed after this review, will sufficiently mitigate the risk and continue to deter this type of misconduct.
4. Former Deputy Director Andrew McCabe’s recusal obligations
The OIG found that the former Deputy Director and the Bureau acted appropriately with regard to his involvement in and recusal from the Clinton-related investigations. The OIG concurred with the FBI’s determination that former Deputy Director McCabe was not required to recuse from those investigations and found that he notified the appropriate persons in the FBI to seek guidance on ethics issues. The OIG Report also makes clear that former Deputy Director McCabe generally abided by his voluntary recusal from Clinton-related matters after November 1, 2016, in that there is no evidence that he continued to supervise investigative decisions in those matters after his recusal. The FBI agrees with the OIG that in a few instances, the former Deputy Director did not fully comply with his voluntary recusal.
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