At Least Congress Is Paying Attention

The case of Hillary Clinton’s emails is a disgrace to our justice system. A young sailor’s life was ruined because he took a picture of his workplace on his cell phone–he did jail time and is on probation. Hillary Clinton had classified information on an unsecured server and subsequently destroyed information that was under subpoena and was charged with nothing. Something is dreadfully off balance here.

The Hill is reporting tonight on Congressional investigations into this injustice.

The article reports:

The investigators also confirmed that the FBI began drafting a statement exonerating Clinton of any crimes while evidence responsive to subpoenas was still outstanding and before agents had interviewed more than a dozen key witnesses.

Those witnesses included Clinton and the computer firm employee who permanently erased her email archives just days after the emails were subpoenaed by Congress, the investigators said.

Lawmakers on the House Judiciary Committee who attended a Dec. 21 closed-door briefing by FBI Deputy Director Andrew McCabe say the bureau official confirmed that the investigation and charging decisions were controlled by a small group in Washington headquarters rather the normal process of allowing field offices to investigate possible criminality in their localities. The Clinton email server in question was based in New York.

In normal FBI cases, field offices where crimes are believed to have been committed investigate the evidence and then recommend to bureau hierarchy whether to pursue charges with prosecutors. In this case, the bureau hierarchy controlled both the investigation and the charging decision from Washington, a scenario known in FBI parlance as a “special,” the lawmakers said.

This part of the story should make General Michael Flynn furious:

The FBI also confirmed that a key witness, a computer technician who deleted Clinton emails from her server in March 2015 after a congressional subpoena had been issued for them, originally lied to the FBI during his interviews, memos show. The witness’s name was redacted from documents released by the FBI but he was identified as an employee of a computer firm that helped maintained Clinton’s email server.

His admission of false statements came one day after the Comey statement was already being drafted, investigators told The Hill.

The computer employee originally told the FBI in a February 2016 interview that he did not recall making any deletions from Clinton’s server in March 2015, FBI records show.

But then on May 3, 2016, the same employee in a subsequent FBI interview told agents he had an “oh shit moment” and in late March 2015 deleted Clinton’s email archive from the server, according to FBI documents reviewed by The Hill.

Lying to the FBI is a federal felony, a crime that former Trump national security adviser Michael Flynn recently pleaded guilty to. But the FBI decided not to pursue criminal charges against the witness, and instead gave the technician an immunity deal so he could correct his story, congressional investigators said.

The article concludes:

The longtime Senate chairman went to the Senate floor before the holidays to raise another concern: the FBI did not pursue criminal charges when Clinton’s email archives were permanently deleted from her private server days after a subpoena for them was issued by a congressional committee investigating the 2012 attack on the U.S. diplomatic compound in Benghazi.

The deletion occurred on the same day Clinton’s former chief of staff and her lawyer had a call with the computer firm that handled the erasure using an anti-recovery software called BleachBit, Grassley said.

“You have a conference call with Secretary Clinton’s attorneys on March 31, 2015, and on that very same day her emails are deleted by someone who was on that conference call using special BleachBit software,” Grassley said. “The emails were State Department records under subpoena by Congress.

“What did the FBI do to investigate this apparent obstruction?” Grassley asked. “According to affidavits filed in federal court — absolutely nothing. The FBI focused only on the handling of classified information.”

Can you imagine any ordinary citizen destroying evidence and not being charged? I am not a person who wants to see Hillary Clinton in jail, but I think it’s time to investigate the Clinton Foundation and deal with the mishandling of classified information she engaged in while Secretary of State. Breaking the law needs to have consequences.