Insight Into Some Questionable Actions By The Department of Justice and the Federal Bureau of Investigation

Andrew McCarthy posted an article at National Review today that explains what went on behind the scenes regarding the investigation of Hillary Clinton’s email server. There are a lot of details in the article, so I strongly suggest that you follow the above link and read the entire article. I will try to list the highlights.

The article reports:

From the first, these columns have argued that the whitewash of the Hillary Clinton–emails caper was President Barack Obama’s call — not the FBI’s, and not the Justice Department’s. (See, e.g., here, here, and here.) The decision was inevitable. Obama, using a pseudonymous email account, had repeatedly communicated with Secretary Clinton over her private, non-secure email account.

These emails must have involved some classified information, given the nature of consultations between presidents and secretaries of state, the broad outlines of Obama’s own executive order defining classified intelligence (see EO 13526, section 1.4), and the fact that the Obama administration adamantly refused to disclose the Clinton–Obama emails. If classified information was mishandled, it was necessarily mishandled on both ends of these email exchanges.

Since President Obama was running the Justice Department during the investigation, it stands to reason that Mrs. Clinton was not going to be charged. Particularly since President Obama was also involved in the mishandling of classified information. The Obama Justice Department was not really known for its justice.

Some insight from the article:

…According to Senator Johnson, a draft dated June 30, 2016 (i.e., five days before Comey delivered the final version), contained a passage expressly referring to a troublesome email exchange between Clinton and Obama. (I note that the FBI’s report of its eventual interview of Clinton contains a cryptic reference to a July 1, 2012, email that Clinton sent from Russia to Obama’s email address. See report, page 2.) The passage in the June 30 draft stated:

We also assess that Secretary Clinton’s use of a personal email domain was both known by a large number of people and readily apparent. She also used her personal email extensively while outside the United States, including from the territory of sophisticated adversaries. That use included an email exchange with the President while Secretary Clinton was on the territory of such an adversary. [Emphasis added.] Given that combination of factors, we assess it is possible that hostile actors gained access to Secretary Clinton’s personal email account.

The article explains that “according to a Strzok–Page text, a revised draft of Comey’s remarks was circulated by his chief of staff, Jim Rybicki. It replaced “the President” with “another senior government official.”

The powers that be involved in the investigation then realized that the change would not be enough–the press might ask who the senior government official was.

The article continues with what happened next:

Consequently, by the time Comey delivered his remarks on July 5, the decision had been made to avoid even a veiled allusion to Obama. Instead, all the stress was placed on Clinton (who was not going to be charged anyway) for irresponsibly sending and receiving sensitive emails that were likely to have been penetrated by hostile intelligence services. Comey made no reference to Clinton’s correspondent:

We also assess that Secretary Clinton’s use of a personal e-mail domain was both known by a large number of people and readily apparent. She also used her personal e-mail extensively while outside the United States, including sending and receiving work-related e-mails in the territory of sophisticated adversaries. [Emphasis added.] Given that combination of factors, we assess it is possible that hostile actors gained access to Secretary Clinton’s personal e-mail account.

So it was okay to let Hillary Clinton take the fall since she was not going to be held accountable anyway.

The article concludes:

On July 2, with the decision that she would not be indicted long since made, Mrs. Clinton sat for an interview with the FBI — something she’d never have done if there were a chance she might be charged. The farce was complete with the Justice Department and FBI permitting two subjects of the investigation — Mills and Clinton aide Heather Samuelson — to sit in on the interview as lawyers representing Clinton. That is not something law enforcement abides when it is serious about making a case. Here, however, it was clear: There would be no prosecution.

All cleaned up: no indictment, meaning no prosecution, meaning no disclosure of Clinton–Obama emails. It all worked like a charm . . . except the part where Mrs. Clinton wins the presidency and the problem is never spoken of again.

I think Congress has wasted an awful lot of money investigating the wrong people. I also think that the Mueller investigation was set up to make sure that the information that is coming out now would never see the light of day. The talking point will be that all of the corruption at the highest levels of the Obama Administration is just being brought out now to distract from the Mueller investigation. Actually, based on the evidence in each investigation, it is pretty obvious that it is the other way around. The Mueller investigation may be the insurance policy that was discussed in the emails between Ms. Page and Mr. Strzok. Time will tell.