It seems that the FBI is following ATF’s “lead” by suggesting that its Headquarters and management cannot possibly be responsible for the extraordinary absence of competent leadership and accountability now plaguing the Department of Justice. Right out of the ATF management playbook, it has been suggested that “the problem (if there ever was actually a problem) must be the field agents”.
Repeated claims made to Congress and watchdog organizations to the effect that the wasteful and at times, vicious and juvenile jurisdictional disputes that routinely occur between ATF and FBI have been adequately resolved, were utterly false. The Memorandums of Understanding (MOUs) in effect between ATF, FBI and others, while perhaps “impressive sounding” to outsiders, have proven to be meaningless blather in operational practice. Such “agreements” can never serve as a substitute for competent, principled management in combination with sound policy, which are the only truly effective vehicles for ensuring meaningful cooperation between federal law enforcement agencies.
Moreover, there has been no consistent or definitive guidance passed down to the field since these issues arose in the media and Congress. ATF agents are highly trained professionals. However, when an agent responds to an explosives incident for example, without a clear mandate, he can be easily pressured into relinquishing on-scene jurisdiction to the FBI, merely because someone utters the “T” word. Worse yet, the agent who does so in good faith will almost certainly be severely disciplined or even fired by the very management that failed to provide him with clear policy to follow in the first place. An FBI agent that failed to protect the Bureau’s rightful jurisdiction over a bank robbery scene just because there was a gun involved (for example), would probably suffer the same fate.
ATF and FBI executives usually justify this squabbling, “us vs. them” mentality on the basis of funding. “If we let them get away with doing (x, y or x), they’ll get a bigger budget next time around.” At ATF, we have largely lost the ability to maximize our precious resources or apply basic common sense when it comes to protecting the public and our legitimate jurisdiction. This is just a symptom of a larger problem that revolves around a profound lack of leadership, direction and consistency.
ATF is very good at what it rightfully does, and the same applies to the FBI. A simplified set of guidelines as to when the "T" word can be legitimately invoked at an explosives-related scene would go a long way towards resolving the basic problem. A DOJ designee with the authority to review each situation by telephone and render an immediate initial determination based on the circumstances would be another effective resource. Focus group and steering committees clearly aren’t working.
Yet again, every agent and field operator has been unfairly smeared by our own senior management’s cowardly deflection of accountability. The notion that we agents are somehow responsible for the sloppy mess that invariably results from the inability of our leaders to set sound and coherent policy, is outrageous and offensive. Leadership starts at the top (or at least, is supposed to).
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