Do Felonies Even Matter Anymore?

There is a lot of information slowly dribbling out of the Inspector General’s (IG) Report on the Clinton email investigation. One of the disturbing things is the seeming disregard by the Mid-Year-Exam (MYE) team (the team that was investigating Hillary Clinton’s private server) for basic protocols. The information regarding the use of personal email accounts is found on page 424 of the IG Report.

The Conservative Treehouse is reporting today:

One of the interesting aspects of the IG report is the documented use of personal email by participants within the FBI “small group” Mid-Year-Exam (MYE) team. [pg 424]

One of those documented examples involves FBI Agent Peter Strzok downloading the content of the sealed Anthony Weiner Indictment, October 29, 2016, to his personal email address. Unauthorized extraction of a ‘sealed SDNY indictment‘, and transmission to a non-secure system, is a felony.

No  wonder no one wanted to indict Hillary Clinton–they were all doing the same thing!

The article includes further information from the IG Report:

[…]  During our review, we identified several instances where Strzok used his personal email account for government business.  […]  Most troubling, on October 29, 2016, Strzok forwarded from his FBI account to his personal email account an email about the proposed search warrant the Midyear team was seeking on the Weiner laptop.

This email included a draft of the search warrant affidavit, which contained information from the Weiner investigation that appears to have been under seal at the time in the Southern District of New York and information obtained pursuant to a grand jury subpoena issued in the Eastern District of Virginia in the Midyear investigation.

The footnotes here are interesting:

fn #217 reads: ” The OIG previously notified the respective U.S. Attorney’s Offices about Strzok’s actions.”

fn #218 reads: “We requested access to Strzok’s personal email account. Strzok agreed to produce copies of work-related emails in his personal account but declined to produce copies of his personal emails. Strzok subsequently told the OIG that he had reviewed the emails residing in his personal mailboxes and found no work-related communications. We determined that we lacked legal authority to obtain the contents of Strzok’s personal email account from his email provider, which requires an Electronic Communications Privacy Act (ECPA) search warrant to produce email contents. Strzok’s email provider’s policy applies to opened emails and emails stored for more than 180 days, which ECPA otherwise permits the government to obtain using a subpoena and prior notice to the subscriber. See 18 U.S.C. § 2703(a), (b)(1)(B)(i); COMPUTER CRIME AND INTELLECTUAL PROPERTY SECTION, U.S. DEPARTMENT OF JUSTICE, SEARCHING AND SEIZING COMPUTERS AND OBTAINING ELECTRONIC EVIDENCE IN CRIMINAL INVESTIGATIONS at 129-30 (2009). In addition, although we learned that a non-FBI family member had access to Strzok’s personal email account in 2017, Strzok told the OIG that no one else had access to his personal email account during the period in question (i.e., late October 2016).”

The article concludes:

Knowing the nature of all FBI investigative benefits-of-doubt previously afforded throughout 2015 and 2016; do you think the FBI DC team didn’t immediately notify Team Clinton directly or through some facilitating channel?

Perhaps the answer to that question outlines why Peter Strzok suddenly found a need to download the sealed SDNY Weiner indictment and transfer it to his personal email?

Curioser and curiouser…

As more and more people begin to analyze the IG Report, we will likely find more very odd actions taken by the FBI in recent years.