Behind FBI’s Data-Access Fight with Apple

FBI Director James Comey gained his reputation for integrity by standing up to George W. Bush’s White House on a domestic spying issue but the fight was more tactical than principled, raising doubts about his current dispute with Apple over government accessing encrypted phone data, writes ex-FBI official Coleen Rowley.

By Coleen Rowley

Knowing even a little of James Comey’s post 9/11 background, it becomes rather hard to believe the FBI Director is sincerely leveling with the American public in his latest quest to compel Apple (and other encrypted communication companies) to create a mechanism for government access, that he is solely motivated by his desire to “look the (San Bernardino) survivors in the eye” and tell them the FBI has followed up on all investigative leads.

It should be recalled that Comey gained his reputation for legal integrity based on one dramatic night (in March 2004), during his 20 months as deputy attorney general, confronting Bush Administration officials in Attorney General John Ashcroft’s hospital room. Even though almost no one understood “what the Ashcroft ‘hospital showdown’ on NSA spying was all about” until a couple weeks after Comey was confirmed as FBI Director in July 2013 — see this article that seems to finally piece it all together — it was known that no Justice Department official, including Comey, generally opposed the illegal warrantless monitoring program that went into effect just days after the 9/11 attacks.

FBI Director James Comey

FBI Director James Comey

Except for a few whistleblowers, the only internal debate that developed was how to do it. In addition to the illegal “Presidential Program” monitoring of Americans, Comey supported and signed off on the George W. Bush Administration’s torture tactics as well as years-long indefinite detentions that denied some American citizens their right to counsel and other constitutional rights.

But Comey’s reputation as a man of law, albeit mostly false, preceded him. Other than some grilling about the torture he had approved of, almost none of the hard questions I suggested in this New York Times opinion piece for Judiciary Committee senators were asked of Comey during…

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