Your father’s FBI is now the Obama FBI

Judge Andrew Napolitano

When FBI Director James Comey announced on July 5 that the Department of Justice would not seek the indictment of Hillary Clinton for failure to safeguard state secrets related to her email use while she was secretary of state, he both jumped the gun and set in motion a series of events that surely he did not intend. Was his hand forced by the behavior of FBI agents who wouldn’t take no for an answer? Did he let the FBI become a political tool?

Here is the back story.

The FBI began investigating the Clinton email scandal in the spring of 2015, when The New York Times revealed Clinton’s use of a private email address for her official governmental work and the fact that she did not preserve the emails on State Department servers, contrary to federal law.

After an initial collection of evidence and a round of interviews, agents and senior managers gathered in the summer of 2015 to discuss how to proceed. It was obvious to all that a prima-facie case could be made for espionage, theft of government property and obstruction of justice charges. The consensus was to proceed with a formal criminal investigation.

Six months later, the senior FBI agent in charge of that investigation resigned from the case and retired from the FBI because he felt the case was going “sideways”; that’s law enforcement jargon for “nowhere by design.” John Giacalone had been the chief of the New York City, Philadelphia and Washington, D.C., field offices of the FBI and, at the time of his “sideways” comment, was the chief of the FBI National Security Branch.

The reason for the “sideways” comment must have been Giacalone’s realization that DOJ and FBI senior management had decided that the investigation would not work in tandem with a federal grand jury. That is nearly fatal to any government criminal case. In criminal cases, the FBI and the DOJ cannot issue subpoenas for testimony or for tangible things; only grand juries can.

Giacalone knew that without a grand jury, the FBI would be toothless, as it would have no subpoena power. He also knew that without a grand jury, the FBI would have a hard time persuading any federal judge to issue search warrants. A judge would perceive the need for search warrants to be not acute in such a case because to a judge, the absence of a grand jury can only mean a case is “sideways” and not a serious investigation.

As the investigation dragged on in secret and Donald Trump simultaneously began to rise in the Republican presidential primaries, it became more apparent to Giacalone’s successors that the goal of the FBI was to exonerate Clinton, not determine whether there was enough evidence to indict her. In late spring of this year, agents began interviewing the Clinton inner circle.

When Clinton herself was interviewed on July 2 — for only four hours, during which the interviewers seemed to some in the bureau to lack aggression, passion and determination — some FBI agents privately came to the same conclusion as their former boss: The case was going sideways.

A few determined agents were frustrated by Clinton’s professed lack of memory during her interview and her oblique reference to a recent head injury she had suffered as the probable cause of that. They sought to obtain her medical records to verify the gravity of her injury and to determine whether she had been truthful with them. They prepared the paperwork to obtain the records, only to have their request denied by Director Comey himself on July 4.

Then some agents did the unthinkable; they reached out to colleagues in the intelligence community and asked them to obtain Clinton’s medical records so they could show them to Comey. We know that the National Security Agency can access anything that is stored digitally, including medical records. These communications took place late on July 4.

When Comey learned of these efforts, he headed them off the next morning with his now infamous news conference, in which he announced that Clinton would not be indicted because the FBI had determined that her behavior, though extremely careless, was not reckless, which is the legal standard in espionage cases. He then proceeded to recount the evidence against her. He did this, no doubt, to head off the agents who had sought the Clinton medical records, whom he suspected would leak evidence against her.

Three months later — and just weeks before Clinton will probably be elected president — we have learned that President Barack Obama regularly communicated with Clinton via her personal email servers about matters that the White House considered classified. That means that he lied when he told CBS News that he learned of the Clinton servers when the rest of us did.

We also learned this week that Andrew McCabe, Giacalone’s successor as head of the FBI Washington field office and presently the No. 3 person in the FBI, is married to a woman to whom the Clinton money machine in Virginia funneled about $675,000 in lawful campaign funds for a failed 2015 run for the Virginia Senate. Comey apparently saw no conflict or appearance of impropriety in having the person in charge of the Clinton investigation in such an ethically challenged space.

Why did this case go sideways?

Did President Obama fear being a defense witness at Hillary Clinton’s criminal trial? Did he so fear being succeeded in office by Donald Trump that he ordered the FBI to exonerate Clinton, the rule of law be damned? Did the FBI lose its reputation for fidelity to law, bravery under stress and integrity at all times?

This is not your grandfather’s FBI — or your father’s. It is the Obama FBI.

3 comments on “Your father’s FBI is now the Obama FBI
  1. Well written and well reasoned article. Thank you Bill. You are right … it isn’t the FBI I knew. We had our problems but they paled by comparison with what we are seeing today.

    s/Wayne Wickizer, SAFBI 1970-76

  2. There is a problem with reportage about Comey and Mueller. There’s a pleathora of “hot stuff” and a paucity of “institutional memory” that would serve to more clearly portray the foregoing two bad actors. I suggest that the conservative media are fearful of exposing at least one of the darlings of the deep state … Senator Orrin Hatch. And … the patently stupid liberal ragsters haven’t got a clue or they’d be salavating and slobbering all over the opportunity to expose a conservative favorite son.

    Utah Senator Orrin Hatch is the elephant in the room that no one is seeing or watching.

    Smoothly, purposefully, quietly, and almost hypnotically, Orrin Hatch wields unlimited power and influence that comes from position … Chairman of the Senate Committee on Finance arguably the most powerful committee in Government … President pro tempore of the Senate 2nd most powerful in the Senate and 3rd in line to be President of the United States … and longevity … 40+ years. Player, spectator, chess master Hatch is sub rosa over the board, under the board, and on all sides of the board.

    As for informants, moles, cutouts, back channels, and Deus ex machina in President Trump’s administration, take a longer look at Hatch. Hatch works the whole stage and the audience like Puppeteer Edgar Burgen worked Charlie McCarthy and Mortimer Snerd. Now Hatch has even played President Trump like Bergin pulled strings on McCarthy and Snerd.

    Case in point is the Bears Ears land grab by Utah where the President in a quid pro quo, mutual huggin’ event with Hatch celebrated the reverted size and scope of the monument as pay back for Hatch’s “all in” over the President’s tax plan.

    For more than 40 years, Hatch has insinuated himself into every stratum of society. He has packed the Federal Justice system with his nominees, and the legislature and other influence centers with his Moles, Proxies, Professionals, Quislings, Factotum, Toadies, Fawning Sycophants, and Goodfellas. He is a darling of the Mormon Church, and plays the media like a Concert Master plays “First Violin.”

    There now surfaces ample evidence that Utah is but a minor mirror of what Hatch has accomplished in Washington. Hatch has managed to insert and insinuate himself by proxy creating cut outs, back channels and “back and forth channels” throughout. For example, recently disgraced wife beater and the President’s White House Staff Secretary Rob Porter was a likely Hatch plant and is a former Hatch employee. Hatch went out of his way to defend porter, vouch for his good character, and say he shouldn’t resign until Hatch saw that the “jig” was finally up. Please look around Mr. President. There may be another Hatch skunk or two in the White House wood works.

    For Star Trek fans, the following metaphor will resonate. It now dawns on us that another of Hatch’s Borg like characters has been planted in a strategic spot. Whether by subterfuge, stratagem or mutual agreement, Hatch the “Hive Master” has his man now planted in the middle of the Mueller team. “Résistance is futile.” Orrin Hatch & Robert Mueller share … from out of the Hatch camp and now firmly ensconced into the Mueller camp … press secretary and spokesman and Utah native Peter Carr. Carr can “cutout” for both camps and channel back and forth across the Washington Merry-go-round with anonymity and impunity.

    One must plant firmly in mind the history behind Hatch and Mueller who, we allege, like collegial heads of “States within a State” share notes, resources, channels, mutual admiration urges, and reams of plausible denials.

    Mueller in the 1990s did damage control in order to sidetrack the investigation and prosecution of, at the time, the most corrupt bank in the history of the World …The Bank of Credit and Commerce International (BCCI). Mueller’s misfeasance and complicity in the matter ultimately gave the BCCI compromised Senators and Congressmen a pass. Hatch narrowly escaped censure and/or prosecution for his scandalous conduct in the BCCI affair. Hatch eulogized Mueller in his confirmation hearing to become the FBI Director and praised Mueller at every other opportunity thereafter.

    History persuades that Hatch and Mueller have, “no Politics … no Party … no Ethics … no Position … no Nation … no God” and are in and of themselves Gods and Goodfellas of the Deep State.

    What is less or more to expect of Masters Dei ex Machina (Gods in the Machine) … the indomitable Senator Orrin Hatch and his doppelganger Robert Mueller?

    What next and who else will spring from Hatch’s hive? Ah yes … but only if the fates damn us … will it be Mitt Romney.

    See other background available at “Unmasking the Mimes ….”

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