James A. Baker (government attorney)
James Andrew Baker is a former American government official at the Department of Justice who served as general counsel for the Federal Bureau of Investigation (FBI). A graduate of the University of Notre Dame and the University of Michigan Law School, he joined the Department of Justice in 1990. In December, 2017 he was replaced as general counsel and reassigned to a different position within the FBI. It was revealed on April 19, 2018 that he was a recipient of at least one Comey memo. On May 4, 2018, Baker resigned from the FBI and  joined the Brookings Institution as a fellow, writing for the justice-focused blog, "Lawfare". In January 2019, Baker left Brookings to become the director of national security and cybersecurity at the R Street Institute, a conservative think-tank in Washington, D.C. He also teaches at Harvard Law School. Education. Baker is a graduate of the University of Notre Dame and received a J.D. and M.A. from the University of Michigan in 1988. Mr. Baker has taught national security law at Harvard Law School since 2009. Government service. Baker joined the Criminal Division of the Department of Justice through the Attorney  General's Honors Program in 1990 and went on to work as a federal prosecutor with the division's fraud section. In 1996 he joined Office of Intelligence Policy and Review (OIPR). This government agency handles all Justice Department requests for surveillance authorizations under the terms of the 1978 Foreign Intelligence Surveillance Act, advises the Attorney General and all major intelligence-gathering agencies on legal issues relating to national security and surveillance, and "coordinates" the views of the intelligence community regarding intelligence legislation. Baker has often testified before Congress on behalf of Clinton and Bush administration intelligence policies, including defending  The Patriot Act before the House Judiciary Committee. Regarding Baker's 2007 appearance on the PBS "Frontline" episode, "Spying on the Home Front", the show's producer, in a "Washington Post" online chat, referred to Baker as, "Mr. FISA himself". In 1998, Baker was promoted to deputy counsel for intelligence operations. From May 2001 he served as acting counsel, and in January 2002 was appointed counsel. In January 2014, he was appointed general counsel of the FBI. As of December 2017, newly appointed director Christopher A. Wray was reassigning him from this role with his new duties unclear. Private sector . Baker's government service was interrupted twice by stints in the private sector. Baker was assistant general counsel for national security at Verizon Business from 2008 to 2009. He was associate general counsel with Bridgewater Associates, LP from 2012 to 2014. Controversy. In 2004, according to "The Washington Post", Baker was responsible for the discovery that "the government's failure to share information" regarding the NSA electronic surveillance program had "rendered useless a federal screening system" insisted upon by the United States Foreign Intelligence Surveillance Court to prevent "tainted information"—in U.S. case law, "fruit of the poisonous tree"—from being used  before the court. Baker was reported to have informed presiding federal judge Colleen Kollar-Kotelly of the FISC, whose complaints to the Justice Department led to the temporary suspension of the NSA program. In 2007, according to "The Washington Post", Baker revealed that he had informed Attorney General Alberto Gonzales "about mistakes the FBI has made or problems or violations or compliance incidents" prior to Gonzales' April 2005 testimony before the Senate Judiciary Committee that "[t]here has not been one verified case of civil liberties abuse" after 2001. In 2017, Sinclair-owned "Circa" reported that Baker was under a Department  of Justice criminal investigation for allegedly leaking classified national security information concerning the Trump administration to the media. The probe, described as "a strange interagency dispute that ... attracted the attention of senior lawmakers", reportedly "ended with a decision not to charge anyone," per "The Washington Post". 2016 presidential election investigation. On May 10, 2019, Baker was interviewed for a taped "Lawfare" podcast, a justice-focused blog, during which he discussed his role in the FBI investigation of events during the 2016 presidential election that would be taken over by Robert S. Mueller III. Previously Baker had refrained from making public  comment. He stated that he felt compelled to speak publicly now that the report is public and being characterized adversely by Trump and some members of his administration. In September 2021, Special Counsel John Durham indicted Michael Sussmann, a partner for the law firm Perkins Coie, alleging he falsely told Baker during a September 2016 meeting that he was not representing a client for their discussion. Durham alleged Sussman was actually representing "a U.S. Technology Industry Executive, a U.S. Internet Company and the Hillary Clinton Presidential Campaign." Sussmann focuses on privacy and cybersecurity law and had approached Baker to discuss  what then appeared to be suspicious communications between computer servers at the Russian Alfa-Bank and the Trump Organization. Sussmann had represented the Democratic National Committee regarding the Russian hacking of its computer network. Sussmann's attorneys denied he was representing the Clinton campaign and he pleaded not guilty to the charge. Views on encryption. Baker had long supported legislation requiring encryption systems to include a means to allow access by law enforcement with a proper warrant. Baker has argued that the cybersecurity threat has become so severe that law enforcement should embrace strong encryption and adapt to the lack  of easy access to plaintext messages in a published essay and in a press interview.