The FBI's Crisis of Public Confidence

Since retiring several years ago from the FBI, I’ve watched as the agency faces unprecedented challenges in its relationship with the American people. Some see the FBI as being under unfair and politically motivated attacks, while others view the FBI as being infected by partisan politics and having drifted away from its core mission of the blind application of justice. It is hard to conclude all is well, and that the FBI just needs to stay the course and wait for the waters to smooth out.

Since the early 1900s, the agency has set the standard for professionalism, competence, and a strict adherence to constitutional principles. Whether it be foreign agents attempting to steal our most valued national and trade secrets, terrorists plotting attacks, or evil actors threatening our citizens via complex technological criminal schemes, the nation, and its citizens look to the FBI and its workforce of dedicated professionals. Every day, its partnerships with other federal, state, and local agencies and the private sector bring maximum leverage to mitigate an untold number of threats.

Like every other law enforcement agency, public trust underpins the FBI’s ability to effectively execute its mission. As the primary enforcement arm against corruption at all levels of government, the FBI has historically been methodical, thorough, and impartial in putting together these cases. The FBI’s leadership has consistently maintained high standards for these types of investigations as they knew full well the pitfalls should the agency’s motivations ever be questioned. Careful handling and examination of evidence gathered, thorough vetting of sources and their information, and above all multiple layers of approval and careful supervisory oversight are examples of those high standards. This is all done to prevent any perception that individuals or the agency itself have put their finger on the scales of justice.

When I was a new agent, I remember being told never to do anything that would "embarrass the Bureau". This advice was given by those who fully understood the sacrifice and commitment it took over many decades to build the agency’s image in the eyes of the American public. The willingness of people to trust the motivations and purpose of the investigative process was paramount in getting as close to the truth as humanly possible.

The media and the political class have their own versions of reality in which the pure truth is frequently blurred by their underlying biases. But to dismiss the political and media narratives as being bereft of any facts, while believing they will go away, is a dangerous road to travel and one with possible lasting repercussions for the agency for generations to come. Even more critical for the Bureau is the steady decline in public confidence over the last several years. For an agency historically trusted by the American people, this shift in public opinion cuts directly to the core of the agency’s effectiveness. What measures can it take to counter these impacts and to ensure the Bureau maintains its legitimacy? Does the Bureau have the leadership mindset to shift as needed to rise to the challenge?

While leading the operations of the FBI National Academy during the incident in Ferguson, Missouri, I had a firsthand look at how law enforcement executives navigated the challenges of those times. The complex issues these local leaders faced during that tumultuous period, and continue to face, is something the FBI’s leadership had the luxury of avoiding. The mix of community dynamics, city councils, town managers and mayors, and social and traditional media, among a host of others, require local leaders to keep a close pulse on these factors and to engage quickly and decisively to prevent missteps and misinformation from impacting their missions. These types of factors, along with the need to pivot and respond in real time, are a serious challenge for today's Bureau leadership.

Effective law enforcement leaders know the ability to conduct effective internal assessments of operations, admit shortcomings, own up to mistakes, and quickly make the needed changes in an atmosphere of transparency and accountability are critical keys to success. Adjustments to policies and procedures made behind a cloak of bureaucratic secrecy do nothing to improve the public image of the agency.

It's time for the Bureau to fundamentally change its communication strategy to one of aggressive and proactive engagement. Not correcting false and misleading information, while dismissing valid questions as to its investigative motivations or procedures, only permits those with destructive intent to own and write the public narrative. Leaders must keep this forefront in their mind and maintain a laser focus on the impact their decisions have on the agents and other personnel in the field who gather crucial evidence and encourage the vital testimony needed to right wrongs and protect the country.

I can attest from my time in the Bureau it is filled with dedicated professionals who make significant personal sacrifices on a daily basis in the pursuit of justice and truth. It has taken generations to develop the Bureau's expertise and any talk of disbanding it smacks of self-serving political and ideological rhetoric.

Watching senior leaders on national television during Congressional oversight hearings repeatedly refuse to provide answers by stating “I cannot comment on ongoing investigations”, does nothing but reinforce the narrative that there is something to hide. As law enforcement leaders engaging in crisis communication are fully aware, there are effective ways to disseminate information without compromising the integrity of the investigative process. “No comment” is neither productive nor beneficial in the reality of today’s lightning-fast flow of information and opinion. For the good of the hard-working personnel who faithfully execute the mission, the organization needs motivated, passionate leaders to address inquiries into internal operations, while countering false narratives.

So, what measures can the FBI take to protect its image and navigate these challenging times? First, the highest leadership in the organization must recognize the real hardship the Bureau is enduring and its potential to damage the organization in the long term. Next, Bureau leadership must implement concrete policy and procedural changes to correct any deficiencies and root out any hint of bias or political influence in the investigative or intelligence process. And most importantly, the Bureau must embed a philosophy of change and innovation within the executive leadership structure underpinned by a strong system of accountability and transparency. A key component of change is the selection of courageous leaders willing to put their responsibilities to the organization and country before personal career advancement. That type of leader will give advice to those above them that includes what they need to hear, not what they believe their superior wants to hear. Any change starts and ends with the Director. Only time will tell if he, or his successor, is willing and able to break the constraints of the bureaucracy to do what is necessary for the Bureau to survive.

A solidly credible and effective FBI is too important to this country and its citizens for FBI leadership to squander this moment. It must emerge from these challenges a stronger and more effective pillar of Justice.