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It’s Time To Disarm All FBI Agents And Return Authority To Local Law Enforcement

By: Stephen Friend

If the FBI won’t submit to the legislative branch’s oversight, Congress can take away its guns and its jurisdiction.

Republicans hammered FBI Director Christopher Wray during his recent testimony before the House Judiciary Committee. Their inquiries concerned illegal FISA searches, overly aggressive arrest tactics, investigations of parents attending school board meetings, labeling traditional Catholics as anti-government extremists, and potential misuses of undercover agents at the U.S. Capitol on Jan. 6, 2021. Throughout the hearing, Wray repeatedly denied knowing the information Republicans sought. He proclaimed FBI policy precluded him from discussing ongoing investigations.

Wray’s testimony offered ample evidence of an agency in dire need of reform. In the aftermath, Republicans face questions about funding a new FBI headquarters, countering political investigations of American conservatives, FISA renewal, and how to counter Wray’s unwillingness to submit to the legislative branch’s oversight authority over his agency. Most importantly, Republicans must contend with growing calls from the electorate to defund the FBI. Many Republican representatives lack the political appetite to withstand a “defund the police” label from corporate media

I will proffer an alternative option that may appease both factions: Disarm the FBI and force it to partner with local law enforcement agencies for any investigative and enforcement activities.

The Unarmed Criminal Investigator

The U.S. Office of Personnel Management (OPM) defines a series 1811 “criminal investigator” as one who supervises, leads, or performs work involving planning, conducting, or managing investigations related to alleged or suspected criminal violation of federal laws. OPM similarly defines a lesser-known 1810 general “investigator.” These employees supervise, lead, or perform work involving planning, conducting, or managing investigations. 1810 investigators are unarmed. Their work does not involve criminal violations of federal laws, and they can only make or invoke administrative judgments.

FBI reformation rests in the merger of the series 1810 and 1811 positions. Through budget appropriations, Republicans can defund all 1811 criminal investigators from the FBI. Eliminating special agents will disarm the agency and remove its ability to arrest alleged criminal violators.

Next, Republicans should direct OPM to create a new, 1812 “unarmed criminal investigator.” Any current FBI special agents can transition to unarmed criminal investigators. Like 1810 investigators, 1812 unarmed criminal investigators will not carry firearms. Like 1811 criminal investigators, the new position should be charged with all necessary duties to investigate alleged or suspected criminal violations of federal laws. In addition, 1812 unarmed criminal investigators will not earn availability pay enhancement offered to federal law enforcement personnel. This reduces total FBI investigator salary expenditures by 25 percent.

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