Christopher Wray appeared stupefied. As the director of the Federal Bureau of Investigation testified on Wednesday before the House judiciary committee, Republicans on the panel painted him as a liberal stooge abusing his power to punish Joe Biden’s political enemies.
The accusations stunned Wray, a registered Republican who was appointed by Donald Trump and previously served in George W Bush’s administration.
“The idea that I’m biased against conservatives seems somewhat insane to me, given my own personal background,” Wray told the committee.
Some progressives share Wray’s disbelief. The two indictments of Donald Trump, as well as Hunter Biden’s plea deal with federal prosecutors and conspiracy theories about the January 6 attack on the US Capitol, have fueled Republicans’ accusations that the FBI and the justice department are unjustly targeting rightwing groups.
Those allegations have somewhat complicated progressives’ longstanding criticism of the FBI over the bureau’s documented surveillance of liberal activists. Even as progressives denounce rightwing conspiracy theories about the FBI, they continue to push for an overhaul of the bureau’s surveillance and data collection methods.
“If Republicans really care about FBI overreach of civil liberties, then they will get serious about the real reforms,” Representative Cori Bush, a Democrat from Missouri, said. “But that’s not really what they’re pushing right now. Instead, they’re still amplifying those conspiracy theories and trying to distract the public, to gaslight the country and distract us from Trump’s criminality.”
Progressives’ skepticism of the FBI long predates Trump’s presidency. In 1956, the FBI launched its domestic counterintelligence program (Cointelpro) to infiltrate and discredit political organizations that the bureau considered suspicious. The program, which shuttered in 1971, resulted in the surveillance of many leaders in the anti-Vietnam war and civil rights movements, including Dr Martin Luther King Jr.
Progressive activists’ concerns about FBI surveillance stretch into the present day. According to a 2022 memo declassified by the Office of the Director of National Intelligence in May, the FBI violated its own guidelines in running so-called “batch queries” related to 133 people “arrested in connection with civil unrest and protests” after the murder of George Floyd by a Minneapolis police officer. The memo found that the FBI conducted similarly inappropriate inquiries of more than a dozen people suspected of participating in the January 6 Capitol attack.
“The FBI for many decades – almost a century – has been sort of the chief secret police entity against the left and progressives,” said Vince Warren, executive director of the progressive Center for Constitutional Rights. “During that time, the right wing and Republicans have been the biggest cheerleaders of this illegal activity when aimed at communists, civil rights advocates, anti-war advocates, all the way up to [Black Lives Matter] protesters. That seemed to change in 2016, when they backed a lawless president who didn’t like that his illegal activities were being investigated.”
Republicans’ sentiments toward the FBI have indeed shifted as Trump has come under increasing legal scrutiny, marking a sea change for a party that long claimed the mantle of law and order. When Trump was indicted on 37 federal charges last month for his alleged mishandling of classified documents, the former president’s congressional allies jumped to his defense, accusing the FBI and the justice department of exploiting its powers to target Republicans.
Opening the hearing with Wray on Wednesday, Representative Jim Jordan, the Republican chair of the judiciary committee, bemoaned the “weaponization of the government against the American people” and “this double standard that exists now in our justice system”.
Jordan repeatedly suggested that Republicans and Democrats could work together on reforming the FBI’s data collection methods, specifically in the form of overhauling the Foreign Intelligence Surveillance Act (Fisa). That law, which is currently set to expire at the end of the year, has long been a source of outrage on the left. One particularly controversial provision of Fisa, section 702, allows the FBI to carry out warrantless surveillance of targeted foreigners overseas, and the personal data of many Americans – including Black Lives Matter protesters – has been swept up in the expansive searches made possible by the law.
When Representative Pramila Jayapal, the chair of the Congressional Progressive Caucus, questioned Wray on Wednesday, she focused her queries on the FBI’s data collection methods and warned that Fisa would face “a very difficult reauthorization process”.
During a press call on Wednesday, Jayapal expressed dissatisfaction with “the vagueness of the director’s answers” and suggested Democrats and Republicans could indeed work together to ensure a significant overhaul of Fisa.
“I think that this is actually a bipartisan area of concern,” Jayapal said. “We have an opportunity here to ensure that any [Fisa] reauthorization that we pass contains some significant reforms that protect the privacy and the personal information of people across the country.”
On the possibility of bipartisan Fisa reform efforts, Bush said she was “open to working with anyone who cares about real people and bringing about real change”, although she remained skeptical of Republicans’ commitment to the cause.
“If that’s what they actually want to see, then yes, I’m open to working with them,” she said.
Warren was even more dubious about bipartisan efforts to overhaul the FBI’s surveillance methods. Given Republicans’ decades-long history of endorsing the FBI despite its controversial tactics, he considered it unlikely that the party’s leaders would now embrace reform.
“While the right and left may both see a problem with the FBI, I don’t see them agreeing on a reform solution,” Warren said. “The foundational challenge with federal law enforcement is that it broadly criminalizes communities of color and activists, and I think that, so long as those activists are environmental or [Black Lives Matter] ones, the right wing will be perfectly happy with the way things are going.”
