Summary of "Lawfare Daily: Michael Feinberg on Leaving the FBI"

Introduction

In the July 8, 2025 episode of The Lawfare Podcast, editor-in-chief Benjamin Wittes engages in a revealing conversation with Michael Feinberg, a former FBI counterintelligence official known as a "China Hand." The discussion delves into Feinberg's abrupt departure from the FBI, exploring the internal dynamics, political pressures, and personal ramifications that led to his resignation.

Michael Feinberg's Career at the FBI

Michael Feinberg provided an extensive overview of his 16-year tenure with the FBI, highlighting his specialization in counterintelligence cases involving the People's Republic of China (PRC). Beginning as a field agent in Los Angeles, Feinberg advanced through various roles, including program manager at headquarters and unit chief in the Counterintelligence Division of the Washington Field Office. His notable achievements include leading significant prosecutions against Chinese entities and intelligence officers.

The Friendship with Pete Strzok

A pivotal factor in Feinberg's departure was his friendship with Pete Strzok, a former senior FBI official involved in the Robert Mueller investigation. Feinberg clarified, “My relationship with Pete at this point is entirely social. We share the same taste in bands and an interest in new restaurants” ([13:12]). He emphasized that their interactions remained strictly personal, devoid of discussions about FBI operations or insider information.

Encounter with Dan Bongino and Subsequent Consequences

The turning point came when Dan Bongino, Deputy Director of the FBI and a known Fox News contributor, became aware of Feinberg's friendship with Strzok. Feinberg recounted receiving a phone call from his Special Agent in Charge (SAC) informing him that Bongino was concerned about his social relationship with Strzok ([09:10]). This revelation led to a series of unsettling interactions, including threats of demotion and mandatory polygraph examinations.

Feinberg expressed his confusion and frustration, stating, “Nobody has explained to me what was untoward about my relationship with Pete. I'm sort of at a loss as to why this prematurely ended my career” ([12:36]). He questioned the FBI's rationale, highlighting the absence of any formal policy violation regarding personal friendships.

FBI Climate and Leadership Issues

The conversation shed light on the deteriorating environment within the FBI's upper echelons, particularly under the leadership of Director Cash Patel and Deputy Director Dan Bongino. Feinberg described the "seventh floor"—a metonym for the highest ranks in the Bureau—as a “pretty toxic atmosphere... ruled by fear” ([16:55]). He criticized Bongino's approach, noting his tendency to foster an unpredictable and intimidating environment, making senior executives wary of engaging openly.

Feinberg further elaborated on the broader issues plaguing the FBI, including loyalty tests and ideological purity, which he believes undermine the organization's effectiveness and integrity. “Loyalty tests and ideological purity tests seem to be pretty par for the course these days,” he remarked ([33:59]).

Resignation and the Letter

Facing mounting pressures and recognizing the untenable situation, Feinberg opted to resign rather than endure continued professional and personal hardship. He reflected on his decision, citing advice from employment lawyers who confirmed that the FBI's threats were likely illicit but warned him of the personal toll of a protracted legal battle. “Anybody who knows the federal government knows that they can make your life miserable in a way that really walks the line where they don't create anything formally actionable...” ([36:38]).

In his resignation letter, Feinberg articulated his concerns about the Bureau's direction, emphasizing the political weaponization and erosion of its foundational principles. He expressed a commitment to continue his advocacy for national security and the rule of law from outside the organization.

Political Views and Personal Integrity

Addressing potential criticisms of his political affiliations, Feinberg clarified his stance, emphasizing his dedication to public service over partisan politics. While acknowledging his conservative leanings, he maintained that his professional conduct was apolitical. “Professionally I was 100% apolitical... why somebody would possibly care that I have a friendship with somebody outside the bureau, regardless of their political leanings.” ([44:22]).

Feinberg stressed that his friendships and personal interests, such as discussing music and dining, had no bearing on his professional responsibilities or integrity.

Future Plans and Continuing Public Service

Looking ahead, Feinberg outlined his intent to remain engaged in national security and legal discourse. Rejecting lucrative opportunities in the private sector, he expressed a desire to focus on research, writing, and advocacy, particularly concerning threats posed by the Chinese Communist Party and the preservation of constitutional safeguards in intelligence operations. “I am hopefully going to devote the rest of my professional life to researching and writing and advocating for United States national security...” ([54:50]).

Notable Quotes

• “Nobody has explained to me what was untoward about my relationship with Pete. I'm sort of at a loss as to why this prematurely ended my career.” ([12:36])
• “The climate on the seventh floor of the Bureau... is pretty toxic and ruled by fear.” ([16:55])
• “Loyalty tests and ideological purity tests seem to be pretty par for the course these days.” ([33:59])
• “I am somebody with an active public presence... privacy is important to me.” ([14:23])

Conclusion

Michael Feinberg's candid discussion offers an insider's perspective on the internal challenges facing the FBI, particularly under current leadership. His experiences underscore the tension between personal integrity and institutional pressures, highlighting broader implications for national security and the rule of law. As Feinberg transitions to a role as a public service fellow with Lawfare, his insights are poised to influence ongoing dialogues about the future of the FBI and its role in safeguarding American interests.