possible conflict of interest

June 21, 2018 – DOJ official Peter Kadzik, who tipped off Podesta, is unlikely to face legal consequences

Peter Kadzik (Credit: Venable LLP)

“Former Assistant Attorney General Peter Kadzik is unlikely to face any legal consequences for tipping off Clinton campaign manager John Podesta to a release of Hillary’s emails, experts tell the Daily Caller.

Kadzik’s conduct in the DOJ was described by Michael Horowitz’s IG report as constituting “poor judgment.” According to last week’s IG report, Peter Kadzik was trying to get his son hired by the Hillary Clinton campaign while Kadzik himself was part of the investigation into Clinton’s private server.

He also emailed Clinton’s 2016 campaign chair, John Podesta, with a “heads up” on when the some of her emails would be released publicly.” (Read more: Daily Caller, 6/21/2018)

December 21, 2017 – Prosecutors ask FBI agents for info on Uranium One deal

Screenshot from CNN’s YouTube video: “Did Hillary Clinton help approve uranium deal?” (Credit: CNN/YouTube)

“On the orders of Attorney General Jeff Sessions, Justice Department prosecutors have begun asking FBI agents to explain the evidence they found in a now dormant criminal investigation into a controversial uranium deal that critics have linked to Bill and Hillary Clinton, multiple law enforcement officials told NBC News.

The interviews with FBI agents are part of the Justice Department’s effort to fulfill a promise an assistant attorney general made to Congress last month to examine whether a special counsel was warranted to look into what has become known as the Uranium One deal, a senior Justice Department official said.

At issue is a 2010 transaction in which the Obama Administration allowed the sale of U.S. uranium mining facilities to Russia’s state atomic energy company. Hillary Clinton was secretary of state at the time, and the State Department was one of nine agencies that agreed to approve the deal after finding no threat to U.S. national security.

(…) “In a letter to Rep. Bob Goodlatte, R-Va., chairman of the House Judiciary Committee, Assistant Attorney General for Legislative Affairs Stephen Boyd said Justice Department lawyers would make recommendations to Sessions about whether an investigation should be opened or expanded, or whether a special counsel should be appointed to probe a number of issues of concern to Republicans.

In recent weeks, FBI agents who investigated the case have been asked by Justice Department prosecutors to describe the results of their probe. The agents also have been asked if there was any improper effort to squash a prosecution, the law enforcement sources say.

The senior Justice Department official said the questions were part of an effort by the Sessions team to get up to speed on the controversial case, in the face of allegations from Congressional Republicans that it was mishandled.” (Read more: ABC News, 12/21/2017)

December 21, 2017 – Trump signs an EO that allows the freezing of US-housed assets belonging to foreigners or entities deemed “serious human rights abusers” or of those who “engage in corruption”

Trump signs an executive order on December 21, 2017, based on the 2016 Global Human Rights Accountability Act. (Credit: public domain)

“The Trump Administration quietly issued an Executive Order (EO) last Thursday which allows for the freezing of US-housed assets belonging to foreign individuals or entities deemed “serious human rights abusers,” along with government officials and executives of foreign corporations (current or former) found to have engaged in corruption – which includes the misappropriation of state assets, the expropriation of private assets for personal gain, and corruption related to government contracts or the extraction of natural resources. 

Furthermore, anyone in the United States who aids or participates in said corruption or human rights abuses by foreign parties is subject to frozen assets – along with any U.S. corporation who employs foreigners deemed to have engaged in corruption on behalf of the company.

(…) Last Week’s Executive Order could have serious implications for D.C. lobbyists who provide “goods and services” (e.g. lobbying services) to despots, corrupt foreign politicians or foreign organizations engaging in the crimes described in the EO. “Virtually every lobbyist in DC has got to be in a cold sweat over the scope of this EO,” said an attorney consulted in the matter who wishes to remain anonymous.

Now consider that if reports from The Hill are accurate – an FBI mole deep within the Russian uranium industry uncovered evidence that “Russian nuclear officials had routed millions of dollars to the U.S. designed to benefit former President Bill Clinton’s charitable foundation during the time Secretary of State Hillary Clinton served on a government body that provided a favorable decision to Moscow (the Uranium One approval)” – a deal which would eventually grant the Kremlin control over 20 percent of America’s uranium supply right around the time Bill Clinton also collected $500,000 for a Moscow speech, as detailed by author Peter Schweitzer’s book Clinton Cash and the New York Times in 2015.

“The Russians were compromising American contractors in the nuclear industry with kickbacks and extortion threats, all of which raised legitimate national security concerns. And none of that evidence got aired before the Obama administration made those decisions,” a person who worked on the case told The Hill, speaking on condition of anonymity for fear of retribution by U.S. or Russian officials.”The Hill

Hypothetically, if the Uranium One deal is deemed corrupt by the Trump administration, and “Russian nuclear officials” indeed routed millions of dollars to the Clinton Foundation, and Tony Podesta lobbied on behalf of the deal for the Clinton Foundation – it stands to reason that this Executive Order could freeze the US-housed assets of quite a few individuals. Of note, assets can be frozen with no prior warning, as trump has declared a national emergency due to the “scope and gravity” of the threat posed by said individuals.

To simplify this complicated legal document a bit, keep in mind:

Section 1. (a)(iii) defines U.S. Citizens who have assisted foreigners in any of the crimes described above:

Note: The above section (iii)(A)(3) means any foreign person engaging in “serious human rights abuses” or listed forms of corruption on behalf of a U.S. entity. Also of note – Attorney General Jeff Sessions rolled back a series of Obama-era curbs on civil-asset forfeiture over the summer, strengthening the federal government’s ability to seize cash and property from Americans without criminal charges. That said, this Executive Order only freezes assets, it does not allow the government to take custody of them. ” (Read more: Zero Hedge, 12/28/2017)

May 18 – 19, 2017: Emails Show FBI Advised Comey to Consult with Mueller’s Office Prior to June 2017 Testimony

“Judicial Watch today released new emails from the Department of Justice (DOJ) showing that former FBI Director James Comey was advised by FBI officials in May 2017 to consult with Special Counsel Robert Mueller prior to testifying before any congressional committees regarding Russian meddling in the 2016 presidential election and his firing as FBI director.

According to numerous news reports, Comey met directly with Mueller previous to his June 8, 2017 testimony before the Senate Intelligence Committee. Sources said that Comey’s opening statement and subsequent testimony were coordinated with Mueller.

At the hearing, Comey revealed that he had intentionally leaked material from a memo allegedly documenting a meeting with President Trump in order to help assure the appointment of a special counsel.

I asked a friend of mine to share the content of the memo with a reporter. Didn’t do it myself, for a variety of reasons. But I asked him to, because I thought that might prompt the appointment of a special counsel.

The DOJ and FBI have stated that Comey’s leaks were unauthorized and compared the disclosures to Wikileaks.

The documents obtained by Judicial Watch are the first to reveal that high-ranking FBI officials helped Comey coordinate his testimony with Mueller.

  • On May 17, 2017, Comey received notices to appear before the Senate Select Committee on Intelligence the Senate Judiciary Committee, and the House Oversight and Government Affairs Committee.
  • An email chain dated May 18 and 19, 2017, with the subject line “Future testimony” shows then-FBI Chief of Staff James Rybicki, then-Deputy FBI Director Andrew McCabe and Assistant Director Gregory Brower, Comey and others discussing Comey’s upcoming testimony:
  • In this chain, on May 18 at 6:30 pm, Comey wrote to Rybicki to confirm that he had accepted the invitation to testify before the Senate Select Committee on Intelligence (SSCI) but declined the invitations from the Senate Judiciary Committee and House Oversight and Government Affairs Committee.
  • Comey also writes: “Last, would you please tell OGC [Office of the General Counsel] that I would like to be able to review any documents authored by me or on which I am copied that will be produced to SSCI in connection with my testimony and would like the opportunity for that review before I testify?”

(Read more: Judicial Watch, 5/10/2018)

The Wall Street Journal confirms there is an on-going FBI Clinton Foundation investigation, but the Justice Department hasn’t given it investigative powers.

Little Rock FBI Field Office (Credit: public domain)

Little Rock FBI Field Office (Credit: public domain)

In January 2016, Fox News reported that the FBI had an on-going investigation into the Clinton Foundation, but this generally wasn’t reported or discussed in other media outlets. In August 2016, the Daily Caller reported on the FBI’s Clinton Foundation investigation, but this also wasn’t generally reported otherwise. For instance, a CNN story that same month asserted the investigation didn’t exist.

On this day, the Wall Street Journal confirms there is an on-going FBI Clinton Foundation investigation, and provides many new details about it. The investigation began some time before October 2015. By February 2016, four FBI field offices were collecting information about the foundation to see if there is evidence of financial crimes or influence-peddling:

  • The Los Angeles office developed an interest in the Clinton Foundation from an unrelated public-corruption case and has issued some subpoenas for bank records related to the foundation.
  • The Washington, DC, office is investigating financial relationships involving Virginia Governor Terry McAuliffe (D), who has been a Clinton Foundation board member.
  • The New York office has done the most work regarding the foundation.
  • The Little Rock, Arkansas, office has had some role, probably due to the Clintons’ ties in Arkansas, where Bill Clinton was governor.
The Jacob K. Javits Federal Building is home to the FBI field agents in New York, New York. (Credit: public domain)

FBI Field Office in New York, New York. (Credit: public domain)

In mid-July 2016, the New York office took charge of the investigation, with the Little Rock office providing assistance.

However, the Journal also reports that senior Justice Department officials have “repeatedly voiced skepticism of the strength of the evidence in [the FBI’s foundation investigation], sought to condense what was at times a sprawling cross-country effort, and, according to some people familiar with the matter, told agents to limit their pursuit of the case.”

Additionally, “Some investigators grew frustrated, viewing FBI leadership as uninterested in probing the charity, these people said. Others involved disagreed sharply, defending FBI bosses and saying [FBI Deputy Director Andrew] McCabe in particular was caught between an increasingly acrimonious fight for control between the Justice Department and FBI agents pursuing the Clinton Foundation case.”

In February 2016, FBI agents presented their evidence on the foundation to senior Justice Department officials. But those officials decided not to give the investigation the legal backing to convene a grand jury, which means investigators don’t have subpoena or search warrants power. However, the investigators have continued without that power, apparently collecting much of their evidence from publicly available information.

This situation has apparently continued ever since, with the investigation continuing but hobbled due to the lack of the legal powers given by a grand jury. According to the Journal paraphrasing an unnamed official, “the [New York] FBI office [is] eager to pour more resources into [the] case and Justice Department prosecutors [don’t] think much of the case…” (The Wall Street Journal, 10/30/2016)

FBI Miami Field Office (Credit: public domain)

FBI Miami Field Office (Credit: public domain)

Also on October 30, 2016, the Daily Caller will allege there is a fifth FBI field office – the Miami, Florida office – involved in the investigation.

Additionally, later on the same day, the Clinton Foundation denies knowledge of any government investigation targeting them.

However, the Washington Post confirms the Wall Street Journal’s claims. The Post emphasizes that the investigation has been blocked by the Justice Department’s public integrity section prosecutors, who are not politically appointed. (The Washington Post, 10/30/2016)

Clinton says she is sure that there are no damaging emails and/or Clinton Foundation controversies still to be made public.

160826HillaryMikaMSNBC

Clinton does a call-in interview with Mika Brzezinski on August 26, 2016. (Credit: MSNBC)

Clinton is asked by MSNBC journalist Mika Brzezinski, “Are you certain that there are no emails or foundation ties to foreign entities that will be revealed that could perhaps permanently impact your presidential prospects?”

Clinton replies, “Mika, I am sure, and I am sure because I have a very strong foundation of understanding about the foundation—not to have a play on words—that the kind of work the foundation has done which attracted donors from around the world is work that went right into providing services to people.” (Politico, 8/26/2016)

July, 2016 – 2017: New emails and memos confirm Bruce Ohr communicated extensively with Christopher Steele

Glenn Simpson (l) Christopher Steele (c) and Bruce Ohr (Credit: Washington Examiner)

“Hundreds of pages of previously unreported emails and memos provide the clearest evidence yet that a research firm, hired by Hillary Clinton’s campaign and the Democratic National Committee (DNC) to find dirt on and defeat Donald Trump, worked early and often with the FBI, a Department of Justice (DOJ) official and the intelligence community during the 2016 presidential election and the early days of Trump’s presidency.”

(…) “Ohr’s own notes, emails and text messages show he communicated extensively with Steele and with Fusion GPS founder Glenn Simpson. Those documents have been turned over in recent weeks to investigative bodies in Congress and the DOJ, but not reviewed outside the investigative ranks until now.

They show Ohr had contact with Steele in the days just before the FBI opened its Trump-Russia probe in summer 2016, and then engaged Steele as a “confidential human source” assisting in that probe.

They also confirm that Ohr later became a critical conduit of continuing information from Steele after the FBI ended the Brit’s role as an informant.

“B, doubtless a sad and crazy day for you re- SY,” Steele texted Ohr on Jan. 31, 2017, referencing President Trump’s firing of Sally Yates for insubordination.

Steele’s FBI relationship had been terminated about three months earlier. The bureau concluded on Nov. 1, 2016, that he leaked information to the news media and was “not suitable for use” as a confidential source, memos show.

The FBI specifically instructed Steele that he could no longer “operate to obtain any intelligence whatsoever on behalf of the FBI,” those memos show.

Yet, Steele asked Ohr in the Jan. 31 text exchange if he could continue to help feed information to the FBI: “Just want to check you are OK, still in the situ and able to help locally as discussed, along with your Bureau colleagues.”

“I’m still here and able to help as discussed,” Ohr texted back. “I’ll let you know if that changes.”

Steele replied, “If you end up out though, I really need another (bureau?) contact point/number who is briefed. We can’t allow our guy to be forced to go back home. It would be disastrous.” Investigators are trying to determine who Steele was referring to.”

(Read more including docs: The Hill, 8/07/2018)

If Clinton is elected president, she may keep Lynch as attorney general.

160703LorettaLynchSwearingInOLIVIER DOULIERYEPA

Obama looks on as Loretta Lynch is sworn in during a formal ceremony on June 17, 2015. (Credit: Oliver Douliery / European Press Agency)

The New York Times reports, “Democrats close to Mrs. Clinton say she may decide to retain Ms. [Loretta] Lynch, the nation’s first black woman to be attorney general, who took office in April 2015.” The Times says this comes from “Democrats, who spoke on the condition of anonymity to discuss confidential conversations with Mrs. Clinton and her advisers…” (The New York Times, 7/3/2016)

Lynch technically is the head of the FBI’s Clinton investigation, since she’s in charge of the Justice Department and the FBI is a part of that. She recently announced she would accept the recommendation of the FBI and top Justice lawyers in Clinton’s case, but she has not fully recused herself.

Two days later, and after FBI Director James Comey announces he will not recommend that Clinton be indicted, presumptive Republican presidential nominee will comment on the article’s revelation, saying, “I think it’s a bribe.” (The Washington Post, 7/5/2016)

Clinton’s FBI interview is attended by Cheryl Mills and others who have an obvious conflict of interest.

Cheryl Mills, Katherine Turner and David Kendall sit behind Clinton as she appears before the House Select Committee on Benghazi on October 22, 2015. (Credit: Getty Images)

Cheryl Mills, Katherine Turner and David Kendall sit behind Clinton as she testifies to the House Select Committee on Benghazi on October 22, 2015. (Credit: Getty Images)

When an FBI summary of Clinton’s FBI interview on this day will be released in September 2016, it will reveal that five of Clinton’s lawyers are present during her questioning: Cheryl Mills, David Kendall, Heather Samuelson, Katherine Turner, and one whose name is redacted. Three of these lawyers – Mills, Kendall, and Samuelson – also have a key role to play in the Clinton email controversy the FBI investigated, because they were the ones who sorted over 60,000 of Clinton’s emails, which led to the controversial deletion of over 31,000 of them. Both Mills and Samuelson at least were interviewed by the FBI earlier in the investigation.

Furthermore, Mills was Clinton’s chief of staff and close aide through Clinton’s tenure as secretary of state, only becoming one of Clinton’s lawyers in 2013 after Clinton became a private citizen again.

Andrew McCarthy (Credit: Gatestone Institute)

Andrew McCarthy (Credit: Gatestone Institute)

Andrew McCarthy, a former assistant US attorney for the Southern District of New York later turned journalist, will note this in a later National Review article with the title: “Hillary Clinton’s Mind-Boggling FBI Interview – What Was Cheryl Mills Doing There?”

McCarthy will comment: “Mills was an actor in the facts that were under criminal investigation by the FBI. … [I]t is simply unbelievable to find her turning up at Mrs. Clinton’s interview – participating in the capacity of a lawyer under circumstances where Clinton was being investigated over matters in which Mills participated as a non-lawyer government official.”

He will add, “[L]aw enforcement never [interview] witnesses together – the point is to learn the truth, not provide witnesses/suspects with an opportunity to keep their story straight, which undermines the search for truth.” (National Review, 9/2/2016)

July 1, 2016 – Strzok email suggests Clinton email investigation decision made in April 2016

“Judicial Watch today released 16 pages of Federal Bureau of Investigation (FBI) documents related to the June 2016 tarmac meeting between former Attorney General Loretta Lynch and former President Bill Clinton showing involvement of the FBI’s former Chief of Counterespionage Peter Strzok.”

(…) “In a previously unseen email, on July 1, 2016, Strzok forwarded to Bill Priestap, assistant director of FBI counterintelligence, and other FBI officials an article in The New York Times titled then “ Lynch to Remove Herself From Decision Over Clinton Emails, Official Says.” Priestap comments on it, saying: “The meeting in PX is all over CNN TV news this morning …” Strzok replies: “Timing’s not ideal in that it falsely adds to those seeking the ‘this is all choreographed’ narrative. But I don’t think it’s worth changing … later won’t be better.”  Priestap responds “Agreed.”

In November 2017, Judicial Watch revealed 29 pages of FBI documents showing officials were concerned about a leak that Bill Clinton delayed his aircraft taking off in order to “maneuver” a meeting with the attorney general.  The resulting story in the Observer was discussed in this production of documents. The Strzok email was absent from this production.

Another Strzok email suggest the decision on the Clinton email matter has been under discussion since April 2016three months before then-FBI Director James Comey announced he would recommend no prosecution.

On July 3, 2016, an email with the subject line “Must Read Security Article” someone from the FBI’s Security Division (SECD) forwards the article in the Observer and reveals concern:

I believe that the source quoted in the article is one of the local Phoenix LEO’s [law enforcement officers]. Needless to say that I have contacted the Phoenix office and will contact the local’s [sic] who assisted in an attempt to stem any further damage. This is exactly why our Discretion and Judgement are the foundation of the AG’s trust in our team, which is why we can never violate that trust, like the source did in this article.” [Emphasis in original]

A July 1, 2016, email from an unidentified official in the FBI Security Division sent to officials m in several FBI offices with the subject line “Media Reports***Not for Dissemination***”, sent in the wake of the tarmac meeting, an FBI official warns his colleagues (with emphasis) “Our job is to protect the boss from harm and embarrassment.” [Emphasis in original] He emphasizes that FBI officials should ask themselves “What issues are currently being reported in the media? And what actions/interactions/situations that the Director may be in could impact them.” The official then cites an example of a public relations disaster near-miss when Comey’s plane “literally just missed Clinton’s plane” when they flew into the White Plains, NY airport (HPN) a few months earlier, and saying, “Imagine the optics and the awkward situation we would have put the Director in we would have been at the FBO at the same time as Secretary Clinton.”

In a July 1, 2016 email exchange FBI Section Chief Rachel Rojas warns a colleague to “stay away” from discussion of the Clinton Lynch tarmac meeting following publication of the meeting, unless they hear from a “higher up”. The colleague responds the next day, telling Rojas not to worry because, “I know better <winking.>” He/she adds that “it was DOJ opa [Office of Public Affairs] who threw us under the bus.” Rojas replies “Doj is likely overwhelmed so in [sic] hoping it wasn’t intentional. I know it wasn’t you guys because I know you have great judgement. Nothing good would come from that. Her staff should have avoided that scenario. The bu[reau] will be fine but obviously disappointed on how this is happening. Unfortunately, she’s taking heat from all over the place and I feel bad for her. I know she didn’t want this on her plate or for this to happen.” The colleague then concludes by saying that he/she thought the leaker was “a Phoenix cop assisting with the motorcade.”

“These emails are astonishing, no wonder the FBI hid them from Judicial Watch and the court,” stated Judicial Watch President Tom Fitton. “They show anti-Trump, pro-Clinton FBI Agent Peter Strzok admitting the decision not to prosecute the Clinton email issue was made back in April 2016long before even Hillary Clinton was interviewed.  And the new emails show that the FBI security had the political objective of protecting then-Director Comey from ‘embarrassment’—which is, frankly, disturbing.” (Read more: Judicial Watch, 6/07/2018)