May 9, 2002: FBI Agent Wright Sues FBI for Blocking Book Criticizing FBI Failures

FBI Special Agent Robert Wright sues the FBI for violating his First Amendment rights, the regulation governing the FBI’s prepublication review policies and procedures, and the Administrative Procedure Act, by failing to clear for publication his book manuscript, two complaints he’d submitted to the Department of Justice Office of the Inspector General (OIG), and his answers to questions posed by New York Times reporter Judy Miller. In October 2001, pursuant to the FBI’s prepublication review policy and his employment agreement, Wright submitted to the FBI a 500-page single-spaced manuscript titled “Fatal Betrayals of the Intelligence Mission.” Generally, agencies are required to complete review within 30 days, barring extenuating circumstances. In early January 2002, the FBI responded, stating that 18 percent of the manuscript contained “classified information; information containing sensitive investigative material and information protected by the Privacy Act.” Wright edited his manuscript to address these concerns and resubmitted it with three binders documenting public sources for the many factual claims, including affidavits and other court documents from his investigations. On November 13, 2001, Wright submitted his two OIG complaints to the FBI’s Office of Public and Congressional Affairs (OPCA) for prepublication review. OPCA responded on January 7, 2002, “taking issue with only 4 percent of the first document and 6 percent of the second.” On January 18, 2002, Wright resubmitted his manuscript with edits. After not receiving clearance to publish or any further response from the FBI, Wright sues in federal court on May 9, 2002. [New York Times, 5/12/2002; Memorandum Opinion: Wright, v. FBI, 7/31/2006] In a May 30, 2002 press conference, Wright will say he began writing the book in August 1999, and adds: “The manuscript outlines the FBI’s intentional, at times, failure, to pursue the terrorists and thereby prevent terrorist attacks. Ironically, I completed the text of the manuscript two days after the September 11th attack. On September 10th, I had all but the last three pages completed.” He will also say that his motive for writing the book was to “[expose] the bureau’s dereliction of duty in the terrorism arena,” that he is “seeking a thorough review and complete ‘house cleaning’ to identify and fix the FBI’s problems,” and that “as a nation we must work together in seeking to regain the confidence level we once had in the FBI to achieve its vital mission of protecting the safety and welfare of its citizens at home and abroad.” [Judicial Watch, 5/30/2002]