The Body Count -- Dana Boente

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After a 38-year career with the Justice Department, the FBI’s top lawyer Dana Boente was asked to resign on Friday. Two sources familiar with the decision to dismiss Boente said it came from high levels of the Justice Department rather than directly from FBI Director Christopher Wray.

Boente has been under fire for his role in the investigation of Michael Flynn, whose criminal charge for lying to the FBI was recently dropped by the Justice Department based in part on the argument that his lies were not material to an underlying investigation. Boente signed one of the warrants renewing the FBI’s authority to surveil Flynn. The warrants, known as FISA warrants, were renewed several times and had to be approved by a judge.

Boente said in a recently leaked memo that material put into the public record about Flynn was not exculpatory for the former national security advisor. The memo undermines the Justice Department’s latest position that material about Flynn was mishandled by prosecutors.

Wray formally asked for Boente’s resignation, but the decision to end his tenure at the FBI came from Attorney General William Barr’s Justice Department, which oversees the FBI, according to two sources.