AG Garland Won’t Prosecute FBI Agents in USA Gymnastics Case and Sen. Roger Wicker Wants Answers – Opinion

We reported that Simone Biles was one of dozens of gymnasts to announce Wednesday that they will be suing the FBI for its handling of Larry Nassar’s case.

The news came just weeks after DOJ stated it would not pursue criminal charges against the ex-FBI agents who failed to open an FBI investigation into Nassar, despite the fact that they had learned in 2015 about several sexual assaults by team doctors.

Attorneys representing victims were dismayed at the decision.

John Manly said it’s “incomprehensible” that agents and others will not be prosecuted.

“The FBI agents who knew of Nassar’s abuse, did nothing, and then lied about their inaction in violation of their sworn duty and the law have been given a pass,” Manly said.

Senator Roger Wicker (R-Miss), who is the ranking member of the Senate Committee on Commerce, Science, and Transportation, issued a letter to Attorney General Merrick Garland on Wednesday demanding answers over the DOJ’s decision. Per the Committee’s press release:

WASHINGTON – U.S. Senator Roger Wicker, R-Miss., ranking member of the Senate Committee on Commerce, Science, and Transportation, today sent a letter to U.S. Attorney General Merrick Garland regarding the decision by the Department of Justice (DOJ) not to prosecute the FBI Special Agents involved in the Larry Nassar investigation. The DOJ Office of Inspector General reported that the agents failed to investigate sexual abuse allegations made by Olympic athletes.

“This decision is egregious and severely calls into question the Department’s judgment. I am particularly concerned this lack of accountability will further erode confidence in law enforcement among victims of sexual abuse, making it less likely abuse will be reported in the future,” Wicker wrote. “The right of Olympic athletes to compete and train in an environment free from abuse of any kind is of the utmost importance. In this instance, young women, mostly minors, were sexually abused by an individual entrusted with their care and well-being.”

Here is the complete text. It can also be found in this section:

The Department’s lack of candor and action on behalf of the victims is inexcusable. Through multiple committees, the Senate has been investigating sexual abuse in the Olympic Community for many years. SafeSport has provided briefings to Senators, and senators have also held hearings in which Olympic athletes have called for justice. Last year, Aly Raisman voiced the frustration of many survivors when she rebuked the Department’s leadership for refusing to participate in the Judiciary Committee’s hearing on the failures of the Nassar investigation.

During the Judiciary Committee’s Hearing on Renewing and Strengthening the Violence Against Women Act, Deputy Attorney General Lisa Monaco stated the Department would review its decision not to bring charges against the Special Agents. She told the Judiciary Committee that “new information” had since come to light that necessitated additional time for review. Given the overwhelming amount of incriminating evidence against these Special Agents, it is deeply disturbing that the Department is choosing not to take steps to hold its own accountable, especially following the string of well-documented “inexcusable, unacceptable failures,” which the Department itself has confirmed. A period of 17 months elapsed from the time the FBI was first informed of Nassar’s abuses to his eventual arrest. This time allowed Nassar, who was allegedly providing medical treatment to 70 of his victims, to abuse the athletes for another 17 months. Special Agents did not properly investigate and were unable to do their job.

In the letter, the DOJ asks several questions including how many people were abused in Nassar’s abuse after they were first reported to the Indianapolis Field Office. It also inquires whether an investigation would have reduced the number who were abused, whether the FBI has been charged with lying to them against FBI staff, law enforcement officials and non-governmental employees within the last three year.

Sen. Wicker shared his disappointment on Twitter as well.

This is absurd! @TheJusticeDept isn’t bringing charges against @FBIAgents who allowed Larry Nassar’s abuse of athletes to go on.@JusticeOIG found the agents lied under oath & altered evidence to conceal their failure to stop sexual assault.

These athletes deserve justice.

— Senator Roger Wicker (@SenatorWicker) June 8, 2022

It remains to be determined if and how Senator Wicker will receive a reply to his letter, and answers to his questions.