FBI REVOLT reportedly building against Director
Comey for letting Hillary’s Obvious Violations of Espionage Act go Unprosecuted,
by Kristie McDonald, 10/14/16
Not
only are the American public shocked and disillusioned by the FBI’s lack of
integrity and blatant miscarriage of Justice but now Director James Comey’s
nightmare scenario is beginning to unfold.
The decision
to let Hillary Clinton off the hook for mishandling classified information has
roiled the FBI and Department of Justice, with one person closely involved in
the year-long probe telling FoxNews.com that career agents and attorneys on the
case unanimously believed the Democratic presidential nominee should have been
charged.
The source,
who spoke to FoxNews.com on the condition of anonymity, said FBI Director James
Comey’s dramatic July 5 announcement that he would not recommend to the
Attorney General’s office that the former secretary of state be charged left
members of the investigative team dismayed and disgusted. More than 100 FBI
agents and analysts worked around the clock with six attorneys from the DOJ’s
National Security Division, Counter Espionage Section, to investigate the case.
“No trial
level attorney agreed, no agent working the case agreed, with the decision not
to prosecute — it was a top-down decision,” said the source, whose identity and
role in the case has been verified by FoxNews.com.
A
high-ranking FBI official told Fox News that while it might not have been a
unanimous decision, “It was unanimous that we all wanted her [Clinton’s]
security clearance yanked.”
“It is safe
to say the vast majority felt she should be prosecuted,” the senior FBI
official told Fox News. “We were floored while listening to the FBI briefing
because Comey laid it all out, and then said ‘but we are doing nothing,’ which
made no sense to us.”
The FBI
declined to comment directly, but instead referred Fox News to multiple public
statements Comey has made in which he has thrown water on the idea that
politics played a role in the agency’s decision not to recommend charges.
Read the full story at FoxNews below:
FBI, DOJ roiled by Comey, Lynch decision to let Clinton slide by on emails, says insider, by Malia Zimmerman, Adam Housley, 10/13/16 FoxNews.com
FBI agents
dismayed by failure to charge Clinton. The decision to let Hillary Clinton off
the hook for mishandling classified information has roiled the FBI and
Department of Justice, with one person closely involved in the year-long probe
telling FoxNews.com that career agents and attorneys on the case unanimously
believed the Democratic presidential nominee should have been charged.
The source, who
spoke to FoxNews.com on the condition of anonymity, said FBI Director James
Comey’s dramatic July 5 announcement that he would not recommend to the
Attorney General’s office that the former secretary of state be charged left
members of the investigative team dismayed and disgusted. More than 100 FBI
agents and analysts worked around the clock with six attorneys from the DOJ’s
National Security Division, Counter Espionage Section, to investigate the case.
“No trial level
attorney agreed, no agent working the case agreed, with the decision not to
prosecute -- it was a top-down decision,” said the source, whose identity and
role in the case has been verified by FoxNews.com.
A high-ranking
FBI official told Fox News that while it might not have been a unanimous
decision, “It was unanimous that we all wanted her [Clinton’s] security
clearance yanked.”
“It is safe to
say the vast majority felt she should be prosecuted,” the senior FBI official
told Fox News. “We were floored while listening to the FBI briefing because
Comey laid it all out, and then said ‘but we are doing nothing,’ which made no
sense to us.”
The FBI
declined to comment directly, but instead referred Fox News to multiple public
statements Comey has made in which he has thrown water on the idea that
politics played a role in the agency’s decision not to recommend charges.
“I know there
were many opinions expressed by people who were not part of the investigation –
including people in government – but none of that mattered to us,” Comey said
July 5 in announcing the FBI’s decision on the Clinton emails. “Opinions
are irrelevant, and they were all uninformed by insight into our investigation,
because we did the investigation the right way. Only facts matter, and the FBI
found them here in an entirely apolitical and professional way."
Andrew
Napolitano, former judge and senior judicial analyst for Fox News Channel, said
many law enforcement agents involved with the Clinton email investigation have
similar beliefs.
“It is well
known that the FBI agents on the ground, the human beings who did the
investigative work, had built an extremely strong case against Hillary Clinton
and were furious when the case did not move forward,” said Napolitano. “They
believe the decision not to prosecute came from The White House.”
The claim also
is backed up by a report in the New York Post this week, which quotes a number
of veteran FBI agents saying FBI Director James Comey “has permanently damaged
the bureau’s reputation for uncompromising investigations with his cowardly
whitewash of former Secretary of State Hillary Clinton’s mishandling of classified
information using an unauthorized private email server.”
“The FBI has
politicized itself, and its reputation will suffer for a long time. I hold
Director Comey responsible,” Dennis V. Hughes, the first chief of the FBI’s
computer investigations unit, told the Post. Retired FBI agent Michael M.
Biasello added to the report, saying, “Comey has singlehandedly ruined the
reputation of the organization.”
Especially
angering the team, which painstakingly pieced together deleted emails and
interviewed witnesses to prove that sensitive information was left unprotected,
was the fact that Comey based his decision on a conclusion that a
recommendation to charge would not be followed by DOJ prosecutors, even though
the bureau’s role was merely to advise, Fox News was told.
“Basically,
James Comey hijacked the DOJ’s role by saying ‘no reasonable prosecutor would
bring this case,’” the Fox News source said. “The FBI does not decide who to
prosecute and when, that is the sole province of a prosecutor -- that never
happens.
“I know zero
prosecutors in the DOJ’s National Security Division who would not have taken
the case to a grand jury,” the source added. “One was never even convened.”
Napolitano
agreed, saying the FBI investigation was hampered from the beginning, because
there was no grand jury, and no search warrants or subpoenas issued.
“The FBI could
not seize anything related to the investigation, only request things. As an
example, in order to get the laptop, they had to agree to grant immunity,”
Napolitano said.
In early 2015, it was revealed that
Clinton had used a private email server in her Chappaqua, N.Y., home to conduct
government business while serving from 2009-2013. The emails on the private
server included thousands of messages that would later be marked classified by
the State Department retroactively. Federal law makes it a crime for a
government employee to possess classified information in an unsecure manner,
and the relevant statute does not require a finding of intent.
Although Comey
found that Clinton was “extremely careless in their handling of very sensitive,
highly classified information,” he said “no charges are appropriate in this
case.”
Well before
Comey’s announcement, which came days after Bill Clinton met in secret with
Comey’s boss, Attorney General Loretta Lynch, there were signs the
investigation would go nowhere, the source told FoxNews.com. One was the fact
that the FBI forced its agents and analysts involved in the case to sign
non-disclosure agreements. “This is unheard of, because of the stifling nature
it has on the investigative process,” the source said.
Another oddity
was the five so-called immunity agreements granted to Clinton’s State
Department aides and IT experts.
Cheryl Mills,
Clinton's former chief of staff, along with two other State Department
staffers, John Bentel and Heather Samuelson, were afforded immunity agreements,
as was Bryan Pagliano, Clinton's former IT aide, and Paul Combetta, an employee
at Platte River networks, the firm hired to manage her server after she left
the State Department.
As Fox News has
reported, Combetta utilized the computer program “Bleachbit” to destroy
Clinton’s records, despite an order from Congress to preserve them, and
Samuelson also destroyed Clinton’s emails. Pagliano established the system that
illegally transferred classified and top secret information to Clinton’s
private server. Mills disclosed classified information to the Clinton’s family
foundation in the process, breaking federal laws.
None should
have been granted immunity if no charges were being brought, the source said. “[Immunity]
is issued because you know someone possesses evidence you need to charge the
target, and you almost always know what it is they possess,” the source said.
“That's why you give immunity.”
Mills and
Samuelson also received immunity for what was found on their computers, which
were then destroyed as a part of negotiations with the FBI. “Mills and
Samuelson receiving immunity with the agreement their laptops would be
destroyed by the FBI afterwards is, in itself, illegal,” the source said. “We
know those laptops contained classified information. That's also illegal, and
they got a pass.” Mills’ dual role as Clinton’s attorney and a witness in her
own right should never have been tolerated either. “Mills was allowed to sit in
on the interview of Clinton as her lawyer. That's absurd. Someone who is
supposedly cooperating against the target of an investigation [being] permitted
to sit by the target as counsel violates any semblance of ethical responsibility,”
the source said.
“Every agent
and attorney I have spoken to is embarrassed and has lost total respect for
James Comey and Loretta Lynch,” the source said. “The bar for DOJ is whether
the evidence supports a case for charges -- it did here. It should have been
taken to the grand jury.”
Also
infuriating agents, the New York Post reported, was the fact that Clinton’s
interview spanned just 3½ hours with no follow-up questioning, despite her “40
bouts of amnesia,” and then, three days later, Comey cleared her of criminal
wrongdoing.
Many FBI and
DOJ staffers believe Comey and Lynch were motivated by ambition, and not
justice, the source said.
“Loretta Lynch
simply wants to stay on as Attorney General under Clinton, so there is no way
she would indict,” the source said. “James Comey thought his position
[excoriating Clinton even as he let her off the hook] gave himself cover to
remain on as director regardless of who wins.”
The decision by
Comey and Lynch not to prosecute has renewed FBI agents’ belief that the agency
should be autonomous. “This is why so many agents believe the FBI needs to be
an entity by itself to truly be effective,” the senior FBI official told Fox
News. “We all feel very strongly about it -- and the need to be objective. But
that truly cannot be done when the AG is appointed by a president and attends
daily briefings.”
Adding to the
controversy, WikiLeaks released internal Clinton communication records this
week that show the Department of Justice kept Clinton’s campaign and her staff
informed about the progress of its investigation.
Leaked emails
from Clinton campaign chairman John Podesta’s gmail account show the Clinton
campaign was contacted by the DOJ on May 19, 2015.
“DOJ folks
inform me there is a status hearing in this case this morning, so we could have
a window into the judge’s thinking about this proposed production schedule as
quickly as today,” Clinton press secretary Brian Fallon wrote in relation to
the email documentation the State Department would be required to turn over to
the Justice Department.
Jay Sekulow,
chief counsel for the American Center for Law and Justice, who previously
served in the U.S. Treasury Department in the Office of Chief Counsel for the
IRS, where he was responsible for litigation in the U.S. Tax Court, said it was
clear from the start that the FBI never intended to prosecute. “This was a
fake, false investigation from the outset,” Sekulow said.
Adam Housley joined Fox News Channel (FNC) in 2001 and currently serves
as a Los Angeles-based senior correspondent.
http://www.foxnews.com/politics/2016/10/13/fbi-doj-roiled-by-comey-lynch-decision-to-let-clinton-slide-by-on-emails-says-insider.html#
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