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Shop NowThe DOJ “watchdog” report, which CNN tried to quietly slip under the radar in plain sight, is really about FBI agents tampering with evidence in Robert “LaVoy” Finicum’s murder. They shouldn’t do that, Michael Horowitz advises. It’s not actually illegal or even improper, he confirms. Nobody is in trouble for it but Christopher Wray should really get around to adding some evidence tampering regulations to the bureau handbook.
FBI agents lied
The FBI and every other federal department has an Inspector General to act as their “watchdog.”
From what we’ve seen from their reports, they always seem to be old and toothless ones who barely wake up enough to roll over and wag their tail when a burglar breaks in. The DOJ’s Michael Horowitz is a perfect example.
After LaVoy Finicum lay dead in the snow, a pair of FBI agents with the bureau’s Hostage Rescue Team “never disclosed that they fired shots.” Neither of them hit Finicum, State police were responsible for that.
Review of Robert ‘LaVoy’ Finicum shooting: FBI should make sure agents don’t remove evidence from shooting scenes https://t.co/53aZvBjORy
of course they removed evidence. It was a desperate attempt to cover up the murder.
— Steven M Frederick (@StevenMFrederi1) July 9, 2024
Because the feds didn’t admit firing their weapons, the state handled the investigation and all the paperwork. After the investigation was well underway, some aerial footage turned up.
“Surveillance video taken by an FBI plane shortly after the shooting” showed the two agents “moving around the scene in the dark, using flashlights to look under and around vehicles, examining the area near the roadblock, and appearing to pick up objects from the roadway.”
If that had been a federal investigation, which it would have been had they admitted firing shots, that would be illegal. It was a state investigation so it’s fine. Horowitz found that they do the same thing all the time without thinking twice about it. Someone needs to update the regs, Horowitz suggests.
Authorized to remove things
Horowitz made it crystal clear that bureau “personnel are authorized to remove things from the crime scene once it is secure.” As long as “there has not been a critical incident, such as an FBI agent-involved shooting.”
One of them was later tried for lying to investigators about that “and acquitted by a federal jury.” It would be a good idea to address that for the future.
“In recommending policy updates, the inspector general noted the FBI’s crime scene management procedures only explicitly applied to shootings being investigated by the bureau, and not when state or local law enforcement lead an investigation where no FBI agent is believed at the time of the shooting to have fired their weapon.”
State Police Detective Concerned FBI Not Being Candid After Finicum Shooting https://t.co/WI5nkdx5ez pic.twitter.com/eRzOUpvBf4
— Gaby (@gabymixH) August 3, 2018
It’s cute to see that “believed at the time of the shooting” wording, which tap dances around the lying agent.
Another thing that Horowitz made a big deal about in his six-page report, which was ignored by CNN, the bureau stonewalled Horowitz at every step of the way. He wasn’t happy about that.
“The OIG encountered a significant issue regarding its access to information in this matter.” From now on, the FBI should follow standard evidence preservation procedure, no matter who takes the lead in the investigation.
