Posted tagged ‘Department of Justice’

Former AG Under Contempt Of Congress: “Deeply Concerned” Over Comey’s Actions

October 31, 2016

Former AG Under Contempt Of Congress: “Deeply Concerned” Over Comey’s Actions, Hot Air, Ed Morrissey, October 31, 2016

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Nothing will start a morning off with a good laugh more than an op-ed from Eric Holder touting his record of fighting public corruption. The former Attorney General, who earned a contempt citation from Congress and who participated in one of the most corrupt presidential pardons in US history, took time out from his retirement to wag his finger at James Comey because the FBI director kept Congress informed. Why, Holder writes, that goes against everything I did as AG!

That may actually be one good argument in favor of Comey:

I began my career in the Justice Department’s Public Integrity Section 40 years ago, investigating cases of official corruption. In the years since, I have seen America’s justice system firsthand from nearly every angle — as a prosecutor, judge, attorney in private practice, and attorney general of the United States. I understand the gravity of the work our Justice Department performs every day to defend the security of our nation, protect the American people, uphold the rule of law and be fair.

That is why I am deeply concerned about FBI Director James B. Comey’s decision to write a vague letter to Congress about emails potentially connected to a matter of public, and political, interest. That decision was incorrect. It violated long-standing Justice Department policies and tradition. And it ran counter to guidance that I put in place four years ago laying out the proper way to conduct investigations during an election season. That guidance, which reinforced established policy, is still in effect and applies to the entire Justice Department — including the FBI.

Let’s take a moment to recall the career of the man who issued this scolding. Holder most famously stonewalled Congress over the ATF’s Operation Fast and Furious program, which ran guns into Mexico in an attempt to make political hay over allegedly widespread “straw man” purchases of firearms in the US. Instead, the ATF thoroughly botched the operation and dumped thousands of guns into the hands of the drug cartels south of the border; the weapons were later traced to hundreds of murders, including those of two Border Patrol agents. When Congress demanded records and communications from the ATF and the Department of Justice, Holder refused to comply, offering a specious claim of “executive privilege” that only applies to the President. Congress approved a contempt citation that the DoJ refused to enforce, and a later court rejected Holder’s claims of executive privilege.

But Holder cites his earlier work on “public integrity,” too. What did that look like? Well, Holder’s approach to public integrity was to promote pardons for tax fugitives whose friends and family kicked in a lot of dough to the Clintons. Slate’s Justin Peters recalled the case of Marc Rich after his demise, the multibillionaire who got off scot-free thanks to Bill Clinton’s last-minute pardon while on the run for tax evasion:

Eric Holder was the key man. As deputy AG, Holder was in charge of advising the president on the merits of various petitions for pardon. Jack Quinn, a lawyer for Rich, approached Holder about clemency for his client. Quinn was a confidant of Al Gore, then a candidate for president; Holder had ambitions of being named attorney general in a Gore administration. A report from the House Committee on Government Reform on the Rich debacle later concluded that Holder must have decided that cooperating in the Rich matter could pay dividends later on.

Rich was an active fugitive, a man who had used his money to evade the law, and presidents do not generally pardon people like that. What’s more, the Justice Department opposed the pardon—or would’ve, if it had known about it. But Holder and Quinn did an end-around, bringing the pardon to Clinton directly and avoiding any chance that Justice colleagues might give negative input. As the House Government Reform Committee report later put it, “Holder failed to inform the prosecutors under him that the Rich pardon was under consideration, despite the fact that he was aware of the pardon effort for almost two months before it was granted.” …

Since then, Bill Clinton hasn’t stopped apologizing for the pardons of Marc Rich and Pincus Green. “It was terrible politics. It wasn’t worth the damage to my reputation,” he told Newsweek in 2002—and, indeed, speculation was rampant that Rich (and his ex-wife) had bought the pardon by, in part, donating $450,000 to Clinton’s presidential library. Clinton denied that the donations had anything to do with the pardon, instead claiming that he took Holder’s advice on the matter. Holder, for his part, has distanced himself from the pardons as well. As the House Government Reform Committee report put it, he claimed that his support for the pardon “was the result of poor judgment, initially not recognizing the seriousness of the Rich case, and then, by the time that he recognized that the pardon was being considered, being distracted by other matters.”

The excuses are weak. In the words of the committee report, “it is difficult to believe that Holder’s judgment would be so monumentally poor that he could not understand how he was being manipulated by Jack Quinn.”

Before the Washington Post offered its pages to Holder for this scolding on law-enforcement ethics, perhaps they should have consulted their own Richard Cohen. Not exactly a conservative activist, Cohen argued vehemently that Holder’s participation in the Rich pardon should have disqualified him for the AG position:

Holder was not just an integral part of the pardon process, he provided the White House with cover by offering his go-ahead recommendation. No alarm seemed to sound for him. Not only had strings been pulled, but it was rare to pardon a fugitive — someone who had avoided possible conviction by avoiding the inconvenience of a trial. The U.S. attorney’s office in New York — which, Holder had told the White House, would oppose any pardon — was kept ignorant of what was going on. Afterward, it was furious. …

But the pardon cannot be excepted. It suggests that Holder, whatever his other qualifications, could not say no to power. The Rich pardon request had power written all over it — the patronage of important Democratic fundraisers, for instance. Holder also said he was “really struck” by the backing of Rich by Israeli Prime Minister Ehud Barak and the possibility of “foreign policy benefits that would be reaped by granting the pardon.” This is an odd standard for American justice, but more than that, what was Holder thinking? That U.S.-Israeli relations would suffer? Holder does not sound naive. He sounds disingenuous.

And he sounds just as disingenuous here, too. Perhaps Holder feels that he has the moral standing to argue that Congress should be kept in the dark about executive-branch operations, especially when they have a potentially large impact on the body politic; Holder himself certainly exemplified that in Operation Fast and Furious. Or perhaps Holder’s convinced that the Department of Justice should direct all its efforts to get potential felons off the hook, especially in cases where it benefits the Clintons, and Holder has definitely made that part of his life’s work. But Eric Holder lecturing James Comey for not following the examples he set at the DoJ qualifies as farce, and would get gales of laughter had the political parties been swapped.

An argument might be made that shows Comey misstepped, but this isn’t it — and Eric Holder is near the bottom of any list of former officials with the moral authority for public lectures on clean government.

PS: The Marc Rich pardon continues to pay dividends for the Clintons, too. They did big business with former Rich partner Gilbert Chagoury, even while the FBI looked into his connections to terror groups. We can thank Holder for that, too — a dividend of his 2000 efforts for “public integrity” that paid off for the Clintons over and over again.

David Sirota offers another reason to doubt Holder’s moral standing on questions of public integrity:

Comey may or may not be screwing up. But Eric Holder is an unconvincing voice on how law enforcement should act https://twitter.com/davidsirota/status/792926441755127809 

I’d say my arguments are more directly on point, but YMMV.

Anthony Weiner cooperating with FBI on email probe

October 30, 2016

Anthony Weiner cooperating with FBI on email probe, Washington ExaminerDaniel Chaitin, October 30, 2016

weinerThe news that Anthony Weiner is cooperating would help law enforcement with the investigation. (AP Photo/Jin Lee)

Former Democratic congressman Anthony Weiner is cooperating with authorities in the FBI investigation of his laptop that contains emails that prompted the Federal Bureau of Investigation to reopen its probe into Hillary Clinton‘s use of an unauthorized email server.

The news that Weiner is cooperating, reported by Fox News’ Bret Baier on Sunday, would help law enforcement with the investigation, since officials didn’t yet have a warrant to read through the material found on the device.

Though FBI Director James Comey told lawmakers Friday his agency found emails related to Hillary Clinton‘s private email server, he didn’t yet have a warrant to read them.

As of Saturday night, the FBI had not received a search warrant from the Justice Department, an unnamed agency official told Yahoo News, but the agency was in talks to get one. When Comey wrote the letter, “he had no idea what was in the content of the emails,” said one official.

Neither the Justice Department nor the FBI immediately returned a request for comment.

Comey has begun participating in briefings with the Republican chairman and Democratic ranking members of congressional committees, according to Bill House, a congressional correspondent for Bloomberg News, citing unnamed sources.

Comey wrote a letter to eight lawmakers Friday to inform them that he was reopening the FBI case into Clinton’s unauthorized email server after the agency found emails in a laptop obtained from Weiner as part of a separate investigation into a sexting scandal. Weiner is the estranged husband to top Clinton aide Huma Abedin.

In his letter, Comey admitted he did not yet have the authority to assess the emails, but said the material “may be significant.”

Reports came out Saturday that Attorney General Loretta Lynch’s department disapproved of Comey’s decision to inform the lawmakers, as it deviated from agency policy not to comment on ongoing investigations.

Officials told CNN that the Justice Department could do little to stop Comey after the controversy that resulted from Lynch’s private meeting with former President Bill Clinton during the summer.

Comey has been hit by backlash for sending the letter to lawmakers just under two weeks before the Nov. 8 election. Democrats in particular have lashed out, adopting Republican nominee Donald Trump‘s refrain that the election is “rigged.”

The Clinton campaign, including the candidate herself, has called on the FBI to release all “relevant facts” they have on the emails.

In an internal memo obtained by Fox News on Friday, Comey explained to staffers he chose to break with normal procedure because he felt “an obligation” to tell Congress because he recently testified that the investigation had ended and that he recommended no charges be brought against the former secretary of state.

Justice officials warned FBI that Comey’s decision to update Congress was not consistent with department policy

October 29, 2016

Justice officials warned FBI that Comey’s decision to update Congress was not consistent with department policy, Washington PostSari Horwitz,October 29, 2016

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Senior Justice Department officials warned the FBI that Director James B. Comey’s decision to notify Congress about renewing the investigation into Hillary Clinton’s private email server was not consistent with long-standing practices of the department, according to officials familiar with the discussions.

Comey told Justice officials that he intended to inform lawmakers of newly discovered emails. These officials told him the department’s position “that we don’t comment on an ongoing investigation. And we don’t take steps that will be viewed as influencing an election,” said one Justice official who spoke on condition of anonymity to describe the high-level conversations.

“Director Comey understood our position. He heard it from Justice leadership,” said the official. “It was conveyed to the FBI, and Comey made an independent decision to alert the Hill. He is operating independently of the Justice Department. And he knows it.”

Comey decided to inform Congress that he would look again into Hillary Clinton’s handling of emails during her time as secretary of state for two main reasons: a sense of obligation to lawmakers and a concern that word of the new email discovery would leak to the media and raise questions of a coverup.

The rationale, described by officials close to Comey’s decision-making on the condition of anonymity, prompted the FBI director to release his brief letter to Congress on Friday and upset a presidential race less than two weeks before Election Day. It placed Comey again at the center of a highly partisan argument over whether the nation’s top law enforcement agency was unfairly influencing the campaign.

In a memo explaining his decision to FBI employees soon after he sent his letter to Congress, Comey said he felt “an obligation to do so given that I testified repeatedly in recent months that our investigation was completed.”

“Of course, we don’t ordinarily tell Congress about ongoing investigations, but here I feel I also think it would be misleading to the American people were we not to supplement the record,” Comey wrote to his employees.

The last time Comey found himself in the campaign spotlight was in July, when he announced that he had finished a months-long investigation into whether Clinton mishandled classified information through the use of a private email server during her time as secretary of state. After he did so, the denunciation was loudest from Republican nominee Donald Trump and his supporters, who accused the FBI director of bias in favor of Clinton’s candidacy. There was also grumbling within FBI ranks, with a largely conservative investigative corps complaining privately that Comey should have tried harder to make a case.

This time the loudest criticism has come from Clinton and her supporters, who said Friday that Comey had provided too little information about the nature of the new line of investigation and allowed Republicans to seize political ground as a result. The inquiry focuses on Clinton emails found on a computer used by former U.S. congressman Anthony Weiner (D-N.Y.), now under investigation for sending sexually explicit messages to a minor, and top Clinton aide Huma Abedin, who is Weiner’s wife. The couple have since separated.

“It is extraordinary that we would see something like this just 11 days out from a presidential election,” John Podesta, the chairman of Clinton’s presidential campaign, said in a statement. “The Director owes it to the American people to immediately provide the full details of what he is now examining. We are confident this will not produce any conclusions different from the one the FBI reached in July.”

Officials familiar with Comey’s thinking said the director on Thursday faced a quandary over how to proceed once the emails, which number more than 1,000 and may duplicate some of those already reviewed, were brought to his attention.

Comey had just been briefed by a team of investigators who were seeking access to the emails. The director knew he had to move quickly because the information could leak out.

The next day, Comey informed Congress that he would take additional “investigative steps” to evaluate the emails after deciding the emails were pertinent to the Clinton email investigation and that the FBI should take steps to obtain and review them.

In July, Comey had testified under oath before the House Oversight and Government Reform Committee that the FBI was finished investigating the Clinton email matter and that there would be no criminal charges. Comey was asked at the hearing whether he would review any new information the FBI came across.

“My first question is this, would you reopen the Clinton investigation if you discovered new information that was both relevant and substantial?” Rep. Lamar Smith (R-Tex.) asked Comey during the hearing.

“It’s hard for me to answer in the abstract,” Comey replied at the hearing. “We would certainly look at any new and substantial information.”

In the Friday memo to his employees, Comey acknowledged that the FBI does not yet know the import of the newly discovered emails. “Given that we don’t know the significance of this newly discovered collection of emails, I don’t want to create a misleading impression,” Comey wrote.

An official familiar with Comey’s thinking said that “he felt he had no choice.”

“What would it look like if the FBI inadvertently came across additional emails that appear to be relevant to the Clinton investigation and not at least inform the Oversight Committee that this occurred?” the official said. “What would be the criticism then? That the FBI hid it? That the FBI purposely kept this information to themselves?”

The official said the decision came down to which choice “was not as bad as the others.”

Comey’s action has been blasted by some former Justice Department officials, Clinton campaign officials and Democratic members of Congress.

“Without knowing how many emails are involved, who wrote them, when they were written or their subject matter, it’s impossible to make any informed judgment on this development,” said Sen. Dianne Feinstein (D-Calif.), who called the release “appalling.”

“However, one thing is clear: Director Comey’s announcement played right into the political campaign of Donald Trump, who is already using the letter for political purposes. And all of this just 11 days before the election,” Feinstein said.

Matthew Miller, a former Justice Department spokesman in the Obama administration, said the FBI rarely releases information about ongoing criminal investigations and does not release information about federal investigations this close to political elections.

“Comey’s behavior in this case from the beginning has been designed to protect his reputation for independence no matter the consequences to the public, to people under investigation or to the FBI’s own integrity,” Miller said.

Miller and other former officials pointed to a 2012 Justice Department memo saying that all employees have the responsibility to enforce the law in a “neutral and impartial manner,” which is “particularly important in an election year.”

Miller said he had been involved in cases related to elected officials in which the FBI waited until several days after an election to send subpoenas. “They know that if they even send a subpoena, let alone announce an investigation, that might leak and it might become public and it would unfairly influence the election when voters have no way to interpret the information,” Miller said.

Nick Ackerman, a former federal prosecutor in New York and an assistant special Watergate prosecutor, said Comey “had no business writing to Congress about supposed new emails that neither he nor anyone in the FBI has ever reviewed.”

He added: “It is not the function of the FBI director to be making public pronouncements about an investigation, never mind about an investigation based on evidence that he acknowledges may not be significant.”

In Comey’s note to employees, he seemed to anticipate that his decision would be controversial.

“In trying to strike that balance, in a brief letter and in the middle of an election season, there is significant risk of being misunderstood,” Comey wrote.

Congress: Attorney General Lynch ‘Pleads Fifth’ on Secret Iran ‘Ransom’ Payments

October 28, 2016

Congress: Attorney General Lynch ‘Pleads Fifth’ on Secret Iran ‘Ransom’ Payments, Washington Free Beacon, October 28, 2016

US attorney general, Loretta E. Lynch attends a conference on organised crime in Rome, Thursday, Oct. 20, 2016. (AP Photo/Gregorio Borgia)

US attorney general, Loretta E. Lynch, AP Photo/Gregorio Borgia

Attorney General Loretta Lynch is declining to comply with an investigation by leading members of Congress about the Obama administration’s secret efforts to send Iran $1.7 billion in cash earlier this year, prompting accusations that Lynch has “pleaded the Fifth” Amendment to avoid incriminating herself over these payments, according to lawmakers and communications exclusively obtained by the Washington Free Beacon.

Sen. Marco Rubio (R., Fla.) and Rep. Mike Pompeo (R., Kan.) initially presented Lynch in October with a series of questions about how the cash payment to Iran was approved and delivered.

In an Oct. 24 response, Assistant Attorney General Peter Kadzik responded on Lynch’s behalf, refusing to answer the questions and informing the lawmakers that they are barred from publicly disclosing any details about the cash payment, which was bound up in a ransom deal aimed at freeing several American hostages from Iran.

The response from the attorney general’s office is “unacceptable” and provides evidence that Lynch has chosen to “essentially plead the fifth and refuse to respond to inquiries regarding [her] role in providing cash to the world’s foremost state sponsor of terrorism,” Rubio and Pompeo wrote on Friday in a follow-up letter to Lynch, according to a copy obtained by the Free Beacon.

The inquiry launched by the lawmakers is just one of several concurrent ongoing congressional probes aimed at unearthing a full accounting of the administration’s secret negotiations with Iran.

“It is frankly unacceptable that your department refuses to answer straightforward questions from the people’s elected representatives in Congress about an important national security issue,” the lawmakers wrote. “Your staff failed to address any of our questions, and instead provided a copy of public testimony and a lecture about the sensitivity of information associated with this issue.”

“As the United States’ chief law enforcement officer, it is outrageous that you would essentially plead the fifth and refuse to respond to inquiries,” they stated. “The actions of your department come at time when Iran continues to hold Americans hostage and unjustly sentence them to prison.”

The lawmakers included a copy of their previous 13 questions and are requesting that Lynch provide answers by Nov. 4.

When asked about Lynch’s efforts to avoid answering questions about the cash payment, Pompeo told the Free Beacon that the Obama administration has blocked Congress at every turn as lawmakers attempt to investigate the payments to Iran.

“Who knew that simple questions regarding Attorney General Lynch’s approval of billions of dollars in payments to Iran could be so controversial that she would refuse to answer them?” Pompeo said. “This has become the Obama administration’s coping mechanism for anything related to the Islamic Republic of Iran—hide information, obfuscate details, and deny answers to Congress and the American people.”

“They know this isn’t a sustainable strategy, however, and I trust they will start to take their professional, and moral, obligations seriously,” the lawmaker added.

In the Oct. 24 letter to Rubio and Pompeo, Assistant Attorney General Kadzik warned the lawmakers against disclosing to the public any information about the cash payment.

Details about the deal are unclassified, but are being kept under lock and key in a secure facility on Capitol Hill, the Free Beacon first disclosed. Lawmakers and staffers who have clearance to view the documents are forced to relinquish their cellular devices and are barred from taking any notes about what they see.

“Please note that these documents contain sensitive information that is not appropriate for public release,” Kadzik wrote to the lawmakers. “Disclosure of this information beyond members of the House and Senate and staff who are able to view them could adversely affect the diplomatic relations of the United States, including with key allies, as well as the State Department’s ability to defend [legal] claims against the United States [by Iran] that are still being litigated at the Hague Tribunal.”

“The public release of any portion of these documents, or the information contained therein, is not authorized by the transmittal of these documents or by this communication,” Kadzik wrote.

Congressional sources have told the Free Beacon that this is another part of the effort to hide details about these secret negotiations with Iran from the American public.

One senior congressional source familiar with both the secret documents and the inquiry into them told the Free Beacon that the details of the negotiations are so damning that the administration’s best strategy is to ignore lawmakers’ requests for more information.

“Every Obama administration official and department involved in the Iran Deal appear to be running for cover,” the source said. “Like we feared, the [Iran deal] is turning out to be a disaster and Iran is emboldened in its aggression. Evidently Attorney General Lynch and the Department of Justice have decided ‘refusal to cooperate’ is their best strategy. But this is dangerous and ultimately won’t protect them from anything.”

Update: The headline has been updated to more accurately characterize the story.

FBI and DoJ are ignoring evidence of crimes in Project Veritas Action videos

October 23, 2016

FBI and DoJ are ignoring evidence of crimes in Project Veritas Action videos, American Thinker, Thomas Lifson, October 3, 2016

Ahem, where is the criminal investigation of apparent crimes, conspiracies to violate the civil rights of Trump supporters, and possibly riot, for starters?  And where is the media clamor to get to the bottom of this frightening perversion of democracy?  People were hurt in the near-riot at the Trump rally in Chicago, and their right to assemble negated by a conspiracy. The media are completely uninterested in asking any questions.

J. Christian Adams is one of my heroes. He resigned his career at the Justice Department on principle and now is a crusader. On Fox & Friends, he spoke frankly:

 Look, if this was a tea party group coordinating with the Trump campaign to incite violence at Clinton rallies or NAACP events or whatever, we know exactly what would be happening. This would be Justice Department fully investigating this for civil rights violations and all sorts of things. This is a Justice Department and an FBI that is dolling out justice based on your politics. If you support Clinton, if you are Clinton, you can engage in all sorts of misbehavior without consequence. If you are the IRS commissioner or an attorney general who is held in criminal contempt, he would give you a pass. You don’t face justice under this administration. (snip)

It feels like a rigged system. So you have got this operative Bob Creamer who is clearly in with the White House, 300 visits. I have had none. And then he is on tape saying we’re inciting violence at rallies. No accountability. What in a perfect world, non-rigged world, what happens to Bob creamer?

Spare me the rhetoric about “doctored” tapes and James O’Keefe’s criminal conviction for entering a senator’s office under false pretenses in the course of his investigative journalism. If Hollywood were magically switched 180 degrees to pervasive conservatism, there would already be a caper movie deal starring a hot male lead, the shenanigans generating many a knowing chuckle as the real crooks, the politicians and their minions,  are brought to public light, and then retaliate with criminal prosecution of the hero.

The FBI can subpoena all 40 hours of the uncut recordings and examine them for evidence of these crimes, and already would be doing so were Trump supporters involved. All they need to do is ask for a grand jury. In the corrupt Obama/Lynch Justice Department, so it will never happen.

 

FBI, DOJ roiled by Comey, Lynch decision to let Clinton slide by on emails, says insider

October 13, 2016

FBI, DOJ roiled by Comey, Lynch decision to let Clinton slide by on emails, says insider, Fox News, , October 13, 2016

fbi-agents-dismayed-by-failure-to-charge-clinton

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.”

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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.

Obama DOJ drops charges against alleged provider of Libyan weapons

October 5, 2016

Obama DOJ drops charges against alleged provider of Libyan weapons, Politico and , October 4, 2016

A Turi associate asserted that the government dropped the case because the proceedings could have embarrassed Clinton and President Barack Obama by calling attention to the reported role of their administration in supplying weapons that fell into the hands of Islamic extremist militants.

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The Obama administration is moving to dismiss charges against an arms dealer it had accused of selling weapons that were destined for Libyan rebels.

Lawyers for the Justice Department on Monday filed a motion in federal court in Phoenix to drop the case against the arms dealer, an American named Marc Turi, whose lawyers also signed the motion.

The deal averts a trial that threatened to cast additional scrutiny on Hillary Clinton’s private emails as Secretary of State, and to expose reported Central Intelligence Agency attempts to arm rebels fighting Libyan leader Moammar Qadhafi.

Government lawyers were facing a Wednesday deadline to produce documents to Turi’s legal team, and the trial was officially set to begin on Election Day, although it likely would have been delayed by protracted disputes about classified information in the case.

A Turi associate asserted that the government dropped the case because the proceedings could have embarrassed Clinton and President Barack Obama by calling attention to the reported role of their administration in supplying weapons that fell into the hands of Islamic extremist militants.

“They don’t want this stuff to come out because it will look really bad for Obama and Clinton just before the election,” said the associate.

In the dismissal motion, prosecutors say “discovery rulings” from U.S. District Court Judge David Campbell contributed to the decision to drop the case. The joint motion asks the judge to accept a confidential agreement to resolve the case through a civil settlement between the State Department and the arms broker.

“Our position from the outset has been that this case never should have been brought and we’re glad it’s over,” said Jean-Jacques Cabou, a Perkins Coie partner serving as court-appointed defense counsel in the case. “Mr Turi didn’t break the law….We’re very glad the charges are being dismissed.”

Under the deal, Turi admits no guilt in the transactions he participated in, but he agreed to refrain from U.S.-regulated arms dealing for four years. A $200,000 civil penalty will be waived if Turi abides by the agreement.

A State Department official confirmed the outlines of the agreement.

“Mr. Turi cooperated with the Department’s Directorate of Defense Trade Controls in its review and proposed administrative settlement of the alleged violations,” said the official, who asked not be named. “Based on a compliance review, DDTC alleged that Mr. Turi…engaged in brokering activities for the proposed transfer of defense articles to Libya, a proscribed destination under [arms trade regulations,] despite the Department’s denial of…requests for the required prior approval of such activities.”

Turi adviser Robert Stryk of the government relations and consulting firm SPG accused the government of trying to scapegoat Turi to cover up Clinton’s mishandling of Libya.

“The U.S. government spent millions of dollars, went all over the world to bankrupt him, and destroyed his life — all to protect Hillary Clinton’s crimes,” he said, alluding to the deadly Sept. 11, 2012 terrorist attack on the U.S. Consulate in Benghazi, Libya.

Republicans hold Clinton responsible for mishandling the circumstances around that attack. And Stryk said that Turi was now weighing book and movie deals to tell his story, and to weigh in on the Benghazi attack.

Representatives of the Justice Department, the White House and Clinton’s presidential campaign either declined to comment or did not respond to requests for comment on the case or the settlement.

Turi was indicted in 2014 on four felony counts: two of arms dealing in violation of the Arms Export Control Act and two of lying to the State Department in official applications. The charges accused Turi of claiming that the weapons involved were destined for Qatar and the United Arab Emirates, when the arms were actually intended to reach Libya.

Turi’s lawyers argued that the shipments were part of a U.S. government-authorized effort to arm Libyan rebels.

It’s unclear if any of the weapons made it to Libya, and there’s no evidence linking weapons provided by the U.S. government to the Benghazi attacks.

“The proposal did not result in an actual transfer of defense articles to Libya,” the State Department official told POLITICO on Tuesday.

But questions about U.S. efforts to arm Libyan rebels have been mounting, since weapons have reportedly made their way from Libya to Syria, where a civil war is raging between the Syrian Government and ISIL-aligned fighters.

During 2013 Senate hearings on the 2012 Benghazi attack, Clinton, under questioning from Sen. Rand Paul (R-Kentucky), said she had no knowledge of weapons moving from Libya into Turkey.

Wikileaks head Julian Assange in July suggested that he had emails proving that Clinton “pushed” the “flows” of weapons “going over to Syria.”

Additionally, Turi’s case had delved into emails sent to and from the controversial private account that Clinton used as Secretary of State, which the defense planned to harness at any trial.

At a court hearing in 2015, Cabou said emails between Clinton and her top aides indicated that efforts to arm the rebels were — at a minimum — under discussion at the highest levels of the government.

“We’re entitled to tell the jury, ladies and gentlemen of the jury, the Secretary of State and her highest staff members were actively contemplating providing exactly the type of military assistance that Mr. Turi is here to answer for,” the defense attorney said, according to a transcript.

Turi’s defense was pressing for more documents about the alleged rebel-arming effort and for testimony from officials who worked on the issue the State Department and the CIA. The defense said it planned to argue that Turi believed he had official permission to work on arms transfers to Libya

“If we armed the rebels, as publicly reported in many, many sources and as we strongly believe happened and as we believe at least one witness told the grand jury, then documents about that process relate to that effort,” Cabou told Campbell at the same hearing last year.

 

George Soros network pushed “Islamophobia” propaganda after San Bernardino jihad massacre

September 30, 2016

George Soros network pushed “Islamophobia” propaganda after San Bernardino jihad massacre, Jihad Watch

“ReThink Media, funded in part through NSHR grantee the Security and Rights Collaborative, distributed a set of talking points to organizations working to combat Islamophobia and arranging a series of conference calls to discuss messaging and crisis communications tactics.”

For years I have wondered why every single mainstream media reporter I have ever encountered was completely in the tank for the “Islamophobia” myth, and wholly unconcerned about jihad terrorism. Now we know why: they were bought and paid for. These revelations should bring the whole elite media superstructure tumbling down. It won’t, but every new push brings it closer to collapse.

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“Hacked Memos: George Soros Network Hyped ‘Islamophobia’ After Muslim Terror Attacks,” by Aaron Klein, Breitbart, September 28, 2016:

NEW YORK – In the wake of Islamic terrorist attacks in the U.S. and abroad, grantees of George Soros’s Open Society Foundations mobilized to counter anti-refugee and anti-Muslim immigration sentiment while using the attacks to push gun control and advocate against the surveillance of Muslims in major U.S. cities such as New York.

Hacked Foundations memos reviewed by Breitbart Jerusalem betray the symbiotic relationship between Soros’ grantees and prominent politicians, including Attorney General Loretta Lynch, in working to push these agendas.

One December 3, 2015 document, titled “Aftermath of ISIS attacks,” outlined a network of grantees that immediately sprung to action pushing specific policy agendas immediately after the December 2, 2015 terrorist attack in San Bernardino, California.

“Anticipating a backlash against Muslims, advocates swung into high gear,” the memo relates.

The grantee actions included attacks on those who spoke against immigration from Islamic countries, a push for gun control, and a speech by Attorney General Lynch at the annual dinner of a grantee, Muslim Advocates.

Here are some actions, as cited in the document:

*ReThink Media, funded in part through NSHR grantee the Security and Rights Collaborative, distributed a set of talking points to organizations working to combat Islamophobia and arranging a series of conference calls to discuss messaging and crisis communications tactics.

*Muslim Advocates was set to host a conversation with Attorney General Loretta Lynch on efforts to battle hate speech and anti-Muslim discrimination at its annual dinner in Washington DC.

* Advocates of greater gun control took to Twitter, chiding the parade of politicians who sent “thoughts and prayers” without taking concrete steps to improve public safety. The Center for American Progress convened calls on mass gun violence—one of a number of efforts to follow through on President Obama’s exhortation to revive efforts to enact new controls, such as universal background checks or a ban on assault rifles.

* The National Security Network released a new policy report entitled Mainstreaming Hate: The Far-Right Fringe Origins of Islamophobic and Anti-Refugee Politics in their handling of the Syrian refugee resettlement.

* The Refugee Council USA and some of its members issued calls to action to safeguard the Syrian refugee resettlement program.

After the Lynch event, a second Foundations’ memo boasted, “Appearing at the annual dinner hosted by grantee Muslim Advocates, Attorney General Loretta Lynch vowed that her department would vigorously investigate claims of hate speech that could lead to anti-Muslim violence.”

The first document relates a specific rapid response deployment of Foundations grantees to combat calls for restrictions on the visa waiver program after it was made public that Tashfeen Malik, one of the San Bernardino attackers, passed three background checks by U.S. immigration officials and was granted a K-1 visa to immigrate from Pakistan as the fiance of attacker Syed Rizwan Farook.

The document reveals:

Following the San Bernardino shootings in December by a U.S. citizen and his Pakistani spouse, there were additional proposals to limit the immigration of foreign nationals from specific Muslim countries, including restrictions on the visa waiver program.

US Programs’ Reserve Fund request, already in pipeline since the Syrian refugee crisis erupted last summer, received tentative approval. This request, which includes both c3 and c4 components, will provide communications capacity and advocacy support to refugee groups. It will also bolster immigrant rights groups’ ability to respond to anti-Muslim and anti-refugee rhetoric, which has been prominent in the race for the Republican 2016 presidential nomination.

The issue of refugee resettlement is central to the Open Society Foundations’ domestic aims. As recently reported by Breitbart News, hacked Soros documents state that the billionaire and his foundation helped to successfully press the Obama administration into increasing to 100,000 the total number of refugees taken in by the U.S. annually. The documents reveal that the billionaire personally sent President Obama a letter on the issue of accepting refugees.

Meanwhile, another document, titled, “ISIS Attacks Aftermath” and dated November 17, 2015, lamented that “Tuesday brought a more concerted effort to push back against efforts, fueled by key leaders in Congress and governors in over half the states, to bar Syrian refugees from resettlement in whole swaths of the U.S.”

According to that memo, among the prescriptions from grantees was:

Cities United for Immigration Action, a coalition of nearly 100 mayors, municipalities and counties organized by New York City’s Bill de Blasio, sought to counter the wave of governors opposed to allowing in Syrian refugees with a message of welcome and inclusion. “We should not close our borders to any group of people fleeing the atrocities and horrors of terrorism,” said Mayor de Blasio.

Yet another document listing grantee response to Islamic State attacks, dated January 7, 2016, addressed grantee opposition activism to the domestic surveillance of Muslims. The actions, the document states, included a lawsuit “contesting the NYPD’s surveillance of Muslims in New Jersey, brought by grantees Muslim Advocates and the Center for Constitutional Rights.”

O’Reilly & Turley Destroy Any Credibility That Clinton & Comey May Have Ever Had At One Time

September 29, 2016

O’Reilly & Turley Destroy Any Credibility That Clinton & Comey May Have Ever Had At One Time, Fox News via YouTube, September 29, 2016

(Please see also, Comey: Combetta Insisted That He Acted Alone In Destroying Evidence After He Was Given Immunity by Prof. Turley. — DM)

https://www.youtube.com/watch?v=2p8HAckXK1g&feature=youtu.be

 

Comey: Combetta Insisted That He Acted Alone In Destroying Evidence After He Was Given Immunity

September 29, 2016

Comey: Combetta Insisted That He Acted Alone In Destroying Evidence After He Was Given Immunity, Jonathan Turley’s Blog, Jonathan Turley, September 29, 2016

I recently wrote a column on FBI investigation into the Clinton email scandal and revised my view as to the handling of the investigation in light of the five immunity deals handed out by the Justice Department.  I had previously noted that FBI Director James Comey was within accepted lines of prosecutorial discretion in declining criminal charges, even though I believed that such charges could have been brought. However, the news of the immunity deals (and particularly the deal given top ranking Clinton aide Cheryl Mills) was baffling and those deals seriously undermined the ability to bring criminal charges in my view.  Now, Comey has testified before both the Senate and the House. His answers only magnified concerns over the impact and even the intent of granting immunity to those most at risk of criminal charges.

First the timeline is now becoming clear and it makes the immunity deal even more bizarre given what the FBI knew Colorado-based tech specialist Paul Combetta and Clinton aides Cheryl Mills and IT specialist Bryan Pagliano.

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In July 2014 , then-chief of staff Cheryl Mills was told that Clinton’s emails were being sought.

On July 23, 2014 Combetta got a call from Mills on the server and emails.

On July 24, 2014, Combetta received an email from Clinton IT specialist Pagliano.

On July 24, Combetta then went online to Reddit to solicit help on stripping out “a VIP’s (VERY VIP) email address from a bunch of archived emails.” He revealed that “they don’t want the VIP’s email address exposed to anyone.”

What is incredible is that the Justice Department would give immunity to the parties on both ends of those communications — guaranteeing that a criminal prosecution is no longer a real threat.

bleachbit-paul-combetta

Comey deepened those concerns with his testimony.  After these conversations with Mills and Clinton aides, Combetta destroyed the evidence.  Comey admits that Mills did disclose the preservation order.  Combetta however mysteriously then destroys the evidence.  Comey was asked what he got from the immunity deal with Combetta.  He said “We learned no one directed him to do that.”  However, that was simply what Combetta said after he was assured that there would not be a charge.  The problem is that it hardly makes sense.  Why would Combetta take it upon himself to destroy evidence that he knew was being sought by Congress and was already a matter of intense national attention.  Comey could not explain why he simply accepted Combetta’s word or why that denial was worth an immunity deal.

None of that makes any logical sense if you are trying to build a criminal case.  It certainly strains credulity to believe that a techie in Colorado decided to unilaterally defy the United States Congress and destroy evidence in one of the nation’s greatest scandals.  The fact that this occurred immediately after calls from Clinton figures like Mills would raise considerable doubt in most investigators.  Yet, the Justice Department jumped at the chance to immunize the key players in the key communications.  That is a legitimate matter of congressional concern . . . and investigation.