FBI Director Kash Patel was not part of a Signal chat in which other Trump administration national security officials discussed detailed attack plans, but that didn't spare him from being questioned by lawmakers this week about whether the nation's premier law enforcement agency would investigate.
Patel made no such commitments during the course of two days of Senate and House hearings. Instead, he testified that he had not personally reviewed the text messages that were inadvertently shared with the editor-in-chief for The Atlantic who was mistakenly included on an unclassified Signal chat.
That Patel would be grilled on what the FBI might do was hardly surprising.
Even as President Donald Trump insisted "it's not really an FBI thing,” the reality is that the FBI and Justice Department for decades have been responsible for enforcing Espionage Act statutes governing the mishandling — whether intentional or negligent — of national defense information like the kind shared on Signal, a publicly available app that provides encrypted communications but is not approved for classified information.
The Justice Department has broad discretion to open an investigation, though it remains unclear whether Attorney General Pam Bondi, who introduced Trump at a Justice Department event this month, would authorize such an inquiry. Trump administration officials insist that the details shared were not classified, though the Espionage Act technically criminalizes the mishandling of any information deemed to be closely held national defense information even if not classified.
Multiple high-profile figures have found themselves under investigation in recent years over their handling of government secrets, but the differences in the underlying facts and the outcomes make it impossible to prognosticate what might happen in this instance or whether any accountability can be expected. There's also precedent for public officials either to avoid criminal charges or be spared meaningful punishment.
“In terms of prior investigations, there were set-out standards that the department always looked at and tried to follow when making determinations about which types of disclosures they were going to pursue,” said former Justice Department prosecutor Michael Zweiback, who has handled classified information investigations.
Source: UNB/AP
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