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Here's why FBI Director Wray's grilling failed and what should be done now

In the past congressional hearings into a variety of topics have produced real investigations. These days, we're just getting predictable political speeches. We need more from Congress.

This week’s congressional hearing "interrogations" of FBI Director Chris Wray about the politicization of his agency offered viewers no surprises, no new info—and no remorse. The witness claimed the FBI is "absolutely not" protecting the Bidens and lawmakers grandstanded with set-up questions that fell along political lines.

It wasn’t always this way.

When U.S. Sen. Estes Kefauver launched his investigation into organized crime in 1950, the Kefauver Committee’s televised hearings gripped the nation. Long before "The Godfather" and "The Sopranos," many Americans were unaware that gangsters and mafia were emboldened by their control of politicians at the local level.

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While some witnesses attempted to match wits, Kefauver’s cross-examinations were devastating. Americans watched as vicious mobster Frank Costello "twisted and clenched," according to one account, "revealing [his] inner fears and confusion." The committee even jailed Costello for contempt after he became belligerent and refused to answer questions.

Pledging to lead a "no stones unturned, no holds barred, right down the middle of the road, let the chips fall where they may" investigation, Kefauver’s work on that committee was the beginning of the end of the American mafia’s unbridled power. 

That’s what’s missing in today’s congressional hearings—a real and ruthless pursuit of the truth. We need powerful cross-examinations. What we get, though, are political speeches.

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FBI Director Christopher Wray attempted to defend his agency’s blatant politicization, selective enforcement actions and disparate treatment of defendants.

But it wasn’t much of a challenge. Republicans brought up the agency’s missteps, including its targeting of faithful Catholics and worried parents, as well misleading the public on the Hunter Biden laptop, among other things. Wray was unphased.

"Today’s FBI leaders reflect the best of our organization," he declared. "That’s the real FBI."

What we did not see were serious responses from Wray, even when the questions were simple. And Wray’s supporters had his back. As in the truly disturbing hearing with smirking ex-FBI agent Peter Strzok, Democrats sidestepped the facts and time after time, let Wray off the hook.

But quite frankly, a lack of courtroom skills hobbled Republican efforts to get to the truth.

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This is nothing new, of course. The Senate hearings into Supreme Court nomination of Brett Kavanaugh were like a tennis match—taking place on two different tennis courts. Democrats blasted Kavanaugh and coddled his accuser, Christine Blasey Ford, while the Republicans tried to walk a tightrope of poking holes in the accuser’s testimony and not appearing to bully witnesses.

Even Vox claimed at the time that the hearings weren’t "about finding the truth." Instead, Vox termed the committee’s treatment of Ford a "cross-examination."

With respect—and as a former U.S. attorney—little occurred in those hearings that could be called a competent cross-examination. Not a single committee vote was changed.

This week’s House hearing with Director Wray did more to obfuscate the truth than reveal it. We gleaned few answers from Wray, and the rest was trampled by political posturing. 

There’s clear evidence that the Department of Justice is violating its own policies in the Hunter Biden investigation. And there’s evidence from whistleblowers that the FBI leadership is "rotted at its core" with a "systemic culture of unaccountability," according to the House Judiciary Committee report.

Last century’s confidence and legal prowess in the Kefauver congressional hearings identified criminals and criminal activity with a road map to convictions and meaningful policy change. 

The real purpose of these hearings is the pursuit of truth, and it’s about time lawmakers rethink their roles and sharpen their legal wits.

CLICK HERE TO READ MORE FROM BRETT TOLMAN

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