This argument is so weak, considering his texts were mainly made on the bureau's government issued phones, which require FBI agents to use them for work purposes only.
Strzok, who once was deputy head of the FBI's counterintelligence office, is suing the Department of Justice for reinstatement into the FBI. He stressed in a new court filing Monday, with the federal district court that "firing an employee for the content of his or her non-public communications is unconstitutional, irrespective of any balancing interests," which would include damage to the FBI's reputation and other mitigating factors.
In his claim against the DOJ he argues that he didn't leak his texts, instead it was the DOJ, therefore he argues, his texts should be considered private speech. He then argues that he shouldn't be held to a higher legal standard, using the 1968 Supreme Court case Pickering v. Board of Education. The Pickering case applied to public statements by government employees.
Strzok said he was entitled to "develop a full factual record through discovery." He said it would be premature to dismiss the case at this early stage.
Strzok's filing was a response to the DOJ's motion to dismiss his lawsuit to be reinstated to the FBI by November. The Justice Department slammed Strzok in its motion to dismiss Strzok's case stating that the embattled former FBI agent admitted to conducting official FBI business on his personal iMessage account and violated FBI regulations in use of his work issued cell phone.
For example, the DOJ included a letter from the Office of Professional Responsibility (OPR) regarding its own investigation of Strzok that stated in part that "the investigation uncovered numerous occasions on which you used your personal email account to conduct FBI business…you claimed your 'usual practice' was to double delete the work emails after you sent them. You acknowledged you had been issued an FBI laptop to work from home but claimed you did not know how to properly log on to use the machine."
Unbelievable that Strzok gave these excuses to OPR, considering he was the top of the bureau's counterintelligence division.
First of all, Strzok played a central role both in the investigation into the Trump campaign and Hillary Clinton's use of an unsecured server to send classified emails. His text messages were sent on his government issued phone, which is not his private phone but owned by the government. Those text messages revealed exactly how biased the FBI agents conducting the investigation felt about their subject: President Trump.
In fact, when his anti-Trump texts were first discovered by Inspector General Michael Horowitz, Strzok was removed in the summer of 2017, from then-Robert Mueller's Special Counsel investigation. Mueller's team felt his texts were biased enough to remove Strzok from the investigation and they were right to do so.
Remember these texts messages sent Strzok's sent on his FBI issued unsecured cell phone to his then lover FBI Attorney Lisa Page.
Strzok called Trump "abysmal" "idiot" and a "disaster" in texts he sent to Page.
At the time, she was working for then FBI Deputy Director Andrew McCabe. McCabe was also fired from the FBI after the DOJ's Inspector General caught him in a multitude of lies and leaking to the media.
In August 2016, after Page wrote to Strzok that Trump was "not ever going to become president, right? Right?!"
Strzok then responded with "No. No he's not. We'll stop it." Page, who was recently interviewed by Rachael Maddow, couldn't make a logical explanation for the "We'll stop it" part of the text and wanted to give the impression that Strzok (let me reiterate: he was central to the investigation into Trump) was making the statement in general terms and that the electorate wouldn't vote for him. Right!