LITTLE KNOWN ORIGINS OF THE FBI

Posted by Frenchie    

During the past few years, the Federal Bureau Of Investigation aka FBI has come under a flurry of criticisms, many well deserved. The principal one being that some of the highest cadre of the agency have used the power of the Bureau, to threaten, intimidate and/or ensnare political opposition of the administrative State, mostly to defend or deflect criticism of major actors of the Democratic Party, including but not limited to the current administration. The President Elect in particular has been very vocal about the weaponization of the Bureau and the Justice Department to go after him and his supporters in several dossiers, which led many to feel that the country had drifted dangerously into habits more in tune with totalitarian regimes, and what some perceive as a two systems of Justice.

Some of the critics of these positions have poo pooed these accusations, by noting in particular that the "founder" of the FBI (long associated with the secretive and nefarious Edgar G Hoover) had stooped to more controversial and criticized methods,  and that consequently the Legislature had taken steps to modernize and enforce accountability of its leaders and agents. Therefore according to these critics, the "modern" FBI was not what its opponents were describing.

For the sake of avoiding confusion, I shall not address this issue, at this time, since many legislative and criminal investigations will go on, to give us a well deserved analysis of what did and did not happen, over the last 8 to 10 years, at and with the Bureau. Instead I will venture into a more historic and less known background of the FBI, and how it ties into the very old relation between France and the USA.

What might surprise many is that one of the key part of the origins of the FBI are found in France rather than in the United States.

Napoleon Bonaparte, the famous Emperor of France had several brothers. His younger sibling Jerome would be sent across the Atlantic as a young Naval Officer to further his education and experience in 1801. This is how Jerome Bonaparte became the founder of the Bonaparte family in the United States of America. Fifty years later in 1851 Charles-Joseph Bonaparte was born in Baltimore Maryland.

Charles-Joseph received a strict and demanding education, which ultimately led him to brilliant studies at the University of Harvard, where he obtained his Juris Doctorate, and later passed the BAR in Maryland in 1874. A year later he would marry Ellen Channing Day, with whom he did not have any heir. In 1879, he and his brother inherited a real estate fortune estimated at $1.5 million from their grand-mother and spouse of Jerome Bonaparte, born Elizabeth Patterson.

Charles Joseph is a devout practicing Catholic. In 1884 he strongly oppose the principle of free Public Schools, while he develops his law practice. He also becomes very active into the creation of reform leagues. He invest himself into the issues of Public administration. His fame widens at the local level, and he creates several newspapers, where he attacks crooked developers. He is then considered as one of the founding fathers of the anti corruption movement.

Soon his ideas attract a wider following at the national level, and starts attracting some political attention. This is how he first catches the attention of Theodore Roosevelt who will become President of the USA, and later win the Nobel Peace Prize in 1906.  The two men first meet in 1892 in Baltimore during a meeting for the promotion of new reforms where they are both guest speakers. Both are alumnus of Harvard, and naturally become friends. They both consider that the art of Government needs efficiency and intellectual know how, and therefore should avoid back room deals and nepotism. Based on these common views, they decide to work together.

At the dawn of the 19th century US political life is mostly based on a de facto control of policies by the Business community. Corrupt politicians are the norm, and the system is totally biased. The constitutional Republic as seen by the founding fathers has evolved into a corrupt system, where Big Business and their Trusts control entire sections of the industry and commerce. (not unlike the challenges we are facing today). Frauds are so common that the public no longer pays attention. Roosevelt and Bonaparte attempt to conciliate capitalist free enterprise with the interest of the workers, and wish to rein in the Cartels and their corrupt actions, in order to protect the most vulnerable. 

Roosevelt in particular encourages the "muckrackers" as he calls them to denounce the different abuses of the crooks who divert the democratic process, legally or otherwise for their own benefits. The movement becomes a groundswell for reforms that will ultimately carry Teddy Roosevelt to the Presidency.

In 1901, then Republican Vice President Roosevelt access the Presidency, following the assassination of President McKinley by the anarchist Leo Czolgosz. He brings along Bonaparte to help him push forward his progressist agenda, based on the principles of responsibility, Justice, and the fight against corruption. Roosevelt puts Bonaparte in charge of the repression of frauds within the postal services and the  Bureau of Indian affairs.

Later after his reelection in 1904, Bonaparte is nominated as Secretary of the Navy. The press will title the nomination as "The little nephew of the French Emperor nominated as the Secretary of the US Navy". Charles Joseph would not pay attention to the press, and kept cool, an attitude that he would carry during the Cuban Crisis.

In 1906 Charles Joseph Bonaparte is elevated to the position of Attorney General, and becomes the 46th head of the US Justice department. A prestigious and delicate position. The situation is very serious, despite Roosevelt best efforts the abuses against the Federal Government continue unabated. In fact they continue to grow, without any accountability. The policies of reforms wanted by Roosevelt are meeting a great pushback by industrialists and business leaders who continue to enrich themselves illegally and mock the Antitrust Law of Sherman, and many other federal laws.

Roosevelt then task Bonaparte to dismantle the Cartels. The New Attorney General will demonstrate a lot of personal courage, a strong sense of responsibility and a refreshing spirit of initiative unknown at the time. He vindicates Roosevelt's compliment that he is "the most energetic soul of the country". It won't be long before he earns a new nickname : "the Trusts braker" . Indeed he broke many of the most influential cartels of the time, such as the monopoly of American Tobacco.

Despite these successes, things will become even more challenging with new revelations about the pilfering of Federal Lands in the Western United States. This is an affair of corruption and misappropriation of funds on a scale never seen before. The General Land Office led an investigation which revealed that Businessmen, allied to well known politicians and dishonest Government employees pilfered Federal Lands. Tens of thousands of acres of Federal Lands were taken over illegally. Following their discovery, the General Land Office, ask for the help of the Justice Department of Bonaparte. Unfortunately his Department had almost no capacity to investigate. The department of Justice at the time only had a small group of "Examiners" that are appointed on for temporary period only, and spread around seven other departments.

Faced with this reality Bonaparte is forced to use private investigators, and to ask for the services of agents of other departments like Customs or the Secret Services, which are attached to Department of the Treasury. The Secret Services are usually sent to investigate these cases, because they have the best training and competences. Unfortunately they only report to the head of the Secret Services and not the Attorney General. Charles Joseph has almost no control on the investigations he requested.

Following these investigations, certain members of Congress will push back on the use of agents of the Secret Services, under the guise that these agents were being used to spy on members of Congress. These accusations ended up tarnishing the reputation of the Service, as well as the image of President Roosevelt.

In 1907, Bonaparte is forced to face the shortfall of his investigative capacities, and decide to pass to the offensive by asking Congress to create a new security agency within the confine of the Justice Department, because: "I do not have the means to execute my duties properly". The reaction is immediate, members of Congress denounce the risks of this project. The legislative body sees this attempt to create a permanent police force within the Justice Department, as a danger of Government spying on its own citizens. The Senate in particular leads the charge against the President and his Attorney General.

This is without counting on the resolve of Roosevelt and Bonaparte, they resist the onslaught. A substantial part of the Press gives them their support, arguing that the politicians in opposition are just supporting the cartels and corrupt Big Business. On July 1st 1908 Bonaparte and the President move forward with the secret establishment within the Justice Department of an investigative police force. Made aware of the decision Congress doubles its attacks on Roosevelt and his AG, but they end up blinking before the President and Justice Department. On July 26th 1908 Bonaparte publish the Presidential Executive Order creating a permanent investigative force within the Justice Department, as the Bureau of Investigation. It is de facto the birth certificate, of the Federal Bureau of Investigation. The hard work is achieved, the little nephew of Napoleon Bonaparte just created the famous American Agency. As of 1909 he can finally get out of public work and return to his private Law Practice with a sense of a job well done. 

Our future will tell us who was right, Congress or the President and his AG?

It is easy to notice that most of the political challenges facing us today, are not new, they have plagued us for decades. Part of the public discourse is finding a comfortable balance between government efficiency, the enforcement of laws passed by the Legislature, as well as the safeguards necessary to ensure our own civil rights. The process is always evolving, and is a full part of a  healthy political debate. Lets use History to guide us in this sea of uncertainties.