February 25, 2019 – DOJ prevented the FBI from pursuing gross negligence charges against Clinton
“The DOJ required the FBI to establish evidence of intent in regards to Clinton—even though the gross negligence statute explicitly does not require this.
This meant that the FBI would have needed to find a smoking gun, such as an email or an admission from Clinton.
The word “intent” drove the entirety of the FBI’s investigation.
Anderson viewed intent as “an email that the Secretary sent saying, I set up this server for the purpose of sending unclassified information for my convenience, even though I know it’s not a secure system.”
According to House Majority Counsel at the time of Priestap’s interview, the State Department had identified 22 top-secret emails and 1,300 classified emails on Clinton’s email server.
Included within Clinton’s emails was “classified information up to the Special Access Program level.”
The classification level of SAPs is so high that Anderson refused to define her understanding of SAPs in the unclassified interview setting before congressional investigators
An email sent from an unknown individual in the FBI general counsel’s office to Priestap’s former boss, Michael Steinbach, contained a chart of available statutes for prosecuting Clinton.
Gross Negligence was specifically excluded.
Lisa Page appeared to indicate during her testimony that because of the DOJ’s position, there was no reason for the FBI to even pursue evidence related to the specific statute of gross negligence.
Under Anderson’s understanding of the DOJ’s standard, the extreme volume of emails was not a factor, nor was the classification level of the emails, as long as those being investigated were able to say they simply didn’t know any documents were actually classified.
Despite this, not everyone within the FBI agreed w/the DOJ.
FBI General Counsel James Baker:
“I thought these folks should know that this stuff is classified, that it was alarming what they were talking about, especially some of the most highly classified stuff.”
Page, Baker, and Anderson all testified that the gross negligence statute was rarely, if ever used, as part of their explanation for the DOJ’s unwillingness to pursue, but this logic was repeatedly challenged by then-majority House counsel Breitenbach.
“If part of that rationale was that it had never been used, then, by extension, one might presume that other statutes that are on the books, if they aren’t being used, should not be ever considered as predication for a prosecution.”
Anderson, the #2 lawyer at the FBI, was asked about her understanding of the difference between gross negligence and extreme carelessness.
Anderson answered that she didn’t “know exactly what the precise difference is between extremely careless and gross negligence.”
Which begs the question of why Anderson, among others, felt compelled to push Comey to change the language within his statement from the legal term of gross negligence to the non-legal term of extremely careless.
According to Anderson’s testimony, the FBI never even looked into negligence due to the DOJ’s legal position:
The issue at the heart of the Clinton email investigation was summarized by Breitenbach:
“The Department of Justice made a decision that intent was required, even though we have a statute on the books that does not require intent that [only] requires gross negligence.”
Absent a major error on her part, it appears that Clinton was effectively in the clear from the outset of the FBI investigation due to the DOJ’s decision to require intent.17)
With the exceptions of Moffa, Evans, and Hickey, every individual from the FBI and DOJ mentioned in the article has either been fired or has resigned.
Most have been the subject of congressional interviews.
(Jeff Carlson@themarketswork, 2/25/2019) (Full Article: The Epoch Times, 2/25/2019)
(Republished in part with permission)
August 26, 2018 – House task force interviews FBI official, Jonathan Moffa, about Clinton emails
“House lawmakers interviewed an FBI official on Friday, part of an ongoing congressional investigation into the bureau’s probe into Hillary Clinton’s use of a private email server.
A congressional source confirmed to the Washington Examiner that the Judiciary and Oversight Committees met privately with FBI official Jonathan Moffa at the end of the week — the latest in a line of interviews conducted by the joint task force looking into the FBI’s controversial handling of the inquiry into the former secretary of state’s unauthorized server.
Moffa was mentioned in an April letter sent to Oversight Chairman Trey Gowdy by Rep. Mark Meadows, R-N.C., who took note of emails from February 2016 that suggested Justice Department coordination with the FBI before ex-FBI Director James Comey publicly recommend in July that no charges be brought against Clinton, who was then a candidate for president.
In the letter, first reported by Fox News, Meadows pointed to emails found on Clinton’s server with “Top Secret” information that indicated Comey may have misled Congress when he testified that there was no DOJ-FBI coordination at “crucial moments of the investigation.” One of those emails from an unidentified senior Justice Department official sent to Peter Strzok, the former FBI official who led the Clinton probe and was recently fired for his anti-Trump texting; Moffa, an official in the FBI’s criminal division and the bureau’s Office of General Counsel; and members of the U.S. Attorney’s office for the Eastern District of Virginia, discussed being “kept in the loop as [a] response is drafted.”
The Judiciary-Oversight joint task force also reportedly set up interviews with at least three other FBI officials earlier this summer, including with Bill Priestap, the assistant director of the FBI’s counterintelligence division, and Michael Steinbach, the former head of the FBI’s national security division, and John Giacalone, who preceded Steinbach.
Despite protests from across the aisle, the GOP-led task force isn’t done yet. According to Bloomberg, lawmakers will privately interview former top FBI lawyer James Baker on Aug. 30. (Read more: Washington Examiner, 8/26/2018)
July 13, 2018 – Lisa Page testimony reveals the DOJ prevented the FBI from pursuing gross negligence charges against Clinton
(…) “Lisa Page, an FBI lawyer who served as special counsel to Deputy FBI Director Andrew McCabe during the time of the Clinton investigation, noted during her testimony in July 2018, that the DOJ was intimately involved in the investigation.
“Everybody talks about this as if this was the FBI investigation, and the truth of the matter is there was not a single step, other than the July 5th statement, there was not a single investigative step that we did not do in consultation with or at the direction of the Justice Department,” Page told congressional investigators on July 13, 2018.
Comey had also hinted at the influence exerted by the DOJ over the Clinton investigation in his July recommendation, stating that “there are obvious considerations, like the strength of the evidence, especially regarding intent.”
Intent is a requirement of several statutes the FBI was looking into. But intent is specifically not a factor under the charge of gross negligence—contained within 18 U.S. Code § 793(f)—a fact that was brought up by Rep. John Ratcliffe (R-TX) during Page’s testimony:
John Ratcliffe (Credit: CSpan)
Rep. Ratcliffe: Okay. And that’s — I think, when you talk about intent, that’s certainly true under part of 18 793(f), but it sounds like you all just blew over gross negligence.
Ms. Page: We did not blow over gross negligence. We, in fact — and, in fact, the Director — because on its face, it did seem like, well, maybe there’s a potential here for this to be the charge. And we had multiple conversations, multiple conversations with the Justice Department about charging gross negligence.
Page made clear during her testimony that the DOJ had decided that due to “constitutional vagueness” a charge of gross negligence would not be supported without accompanying proof of intent—a seemingly oxymoronic position:
Rep. Ratcliffe: Okay. So let me if I can, I know I’m testing your memory, but when you say advice you got from the Department, you’re making it sound like it was the Department that told you: You’re not going to charge gross negligence because we’re the prosecutors and we’re telling you we’re not going to —
Ms. Page: That is correct.
Rep. Ratcliffe: — bring a case based on that.
Trouble Defining Intent
The word “intent” drove the entirety of the FBI’s investigation into the Clinton email server.
It appears, however, that there were differing understandings of the word “intent” within the FBI. Trisha Anderson, the No. 2 lawyer at the FBI, told investigators that what she viewed as intent was “an email that the Secretary sent saying, I set up this server for the purpose of sending unclassified information for my convenience, even though I know it’s not a secure system.”
Page viewed the situation somewhat differently, agreeing they were looking for “an intent to do an act which is in violation of the law’s central command.” As she told investigators, the FBI “couldn’t find any indicia of knowledge that she knew that these [classified emails] shouldn’t be traversing her server.”
In Anderson’s understanding, she was looking for a prosecutable reason behind the establishment of the server itself. Page, however, was looking at whether Clinton knew which emails should not have traveled through the private server.
Meanwhile, Bill Priestap, head of the FBI’s counterintelligence division and who was officially in charge of the Clinton investigation, said during testimony that he thought the “number of instances is absolutely a proper consideration” in establishing intent.
According to Ryan Breitenbach, who was the House Majority Counsel at the time of Priestap’s interview, the State Department had identified 22 top-secret emails and 1,300 classified emails on Clinton’s email server. As Breitenbach noted to Priestap during testimony, “I think there might be many who would question whether people in this room would still be in this room if we had hit 1,300 emails on our personal Gmail service.”
DOJ Not Willing to Charge This
Michael Steinbach (Credit: CSpan)
Priestap was shown an email sent from an unknown individual in the FBI general counsel’s office to Priestap’s former boss, Michael Steinbach, which contained a chart of “available statutes for prosecuting the former Secretary of State.” Gross Negligence was specifically excluded from the chargeable statutes available to the FBI. Priestap, who had not previously seen the document, expressed concerns that this might have hindered the work of FBI investigators.
Mr. Breitenbach: We see in this chart that DOJ is not willing to charge this, meaning 18 U.S.C. 793(f). My question is going back to those draft affidavits. If DOJ is not willing to charge this statute, why would the FBI in an affidavit use this statute as predication to obtain a search warrant if this statute is never going to be prosecuted?
Mr. Priestap: So I — I don’t know who put this together and used this language.
Mr. Breitenbach: Well, someone in the FBI general counsel’s office.
Mr. Priestap: Yeah. No. No. I trust you. But I don’t know why they, again, put it together. I don’t know why they used this language, ‘DOJ not willing to charge this.’
My attitude is that if there is a Federal criminal statute still on the books, then, you know — and we think there may or might be a violation of that, we still have to work to uncover whether, in fact, there was.
The prosecutive history of a particular statute isn’t going to affect — I sure hope it does not affect the fact-finder’s work.” (Read more: The Epoch Times, 2/25/2019)
January 14, 2016 – Some of the emails on Clinton’s server are so sensitive, the IC OIG investigators initially don’t have clearance to view them
(Charles McCullough (Credit: Fox News)
“Some of the information that passed through Hillary Clinton’s private email server was so sensitive that high-level officials examining the account had to get special security clearance before they could proceed with their probe, NBC’s Ken Dilanian reported on Tuesday.
That is according to an intelligence official familiar with the probe into the former secretary of state’s “homebrew” server, which is being led by the intelligence community’s inspector general, Charles McCullough.
The Federal Bureau of Investigation has also been looking into whether classified material was mishandled during Clinton’s tenure at the State Department from 2009 to 2013.
Some of the emails found on Clinton’s account — according to a letter McCullough sent to senior lawmakers on January 14 and obtained by Fox News and other publications — contained intelligence so sensitive that it has since been allocated to a special access program (SAP) designation.
SAPs are designed to safeguard information deemed more sensitive than even “top secret.”
“The special access program in question was so sensitive that McCullough and some of his aides had to receive clearance to be read in on it before viewing the sworn declaration about the Clinton emails,” Dilanian reported.” (Read more: Business Insider, 1/21/2016)
July 6, 2015 – The Intel Community IG determines the classified national security information in Clinton’s emails may have been “compromised” and shared with a foreign power
Former National Intelligence Community Inspector General Charles McCullough (Credit: Getty Images)
“Two secret letters the FBI sent to the State Department have revealed for the first time that the bureau’s investigation into Hillary Clinton’s private email server, and the classified emails sent through it, stemmed from a so-called “Section 811” referral from the Intelligence Community’s Inspector General (ICIG). The ICIG determined that classified, national security information in Clinton’s emails may have been “compromised” and shared with “a foreign power or an agent of a foreign power.”
Section 811 of the Intelligence Authorization Act of 1995 “is the statutory authority that governs the coordination of counterespionage investigations between Executive Branch departments or agencies and the FBI.” A Section 811 referral is a report to the FBI about any unauthorized information that may have been disclosed to a foreign power.
A Section 811 referral “arises whenever there is a compromise of classified information — for whatever reason,” said Steven Aftergood, director of the Project on Government Secrecy at the Federation of American Scientists. “It could include espionage, but it could also include negligence, inadvertence, or something else…. Section 811 does not assert a violation of criminal law.”
The two letters, dated October 23, 2015 and January 20, 2016, and marked “For Official Use Only,” were written by Peter Strzok and Charles H. Kable IV, the section chiefs of the FBI’s counterespionage section, and sent to Gregory B. Starr, the assistant secretary at the State Department’s Bureau of Diplomatic Security. They were written while the FBI was investigating Clinton’s use of an unsecure, private email server and the dissemination of classified information.
A snippet from Peter Strzok’s letter proving he was aware Clinton’s emails may have been compromised by a foreign power.
“The potential compromise was identified when, as part of a Freedom of Information Act (FOIA) request [by VICE News], the U.S. Department of State (DoS) and the ICIG reviewed electronic mail (email) communications from the private email accounts previously used by a former Secretary of State during her tenure at DoS,” Kable wrote. “An initial review of this material identified emails containing national security information later determined by the US Intelligence Community to be classified up to the Top Secret/Sensitive Compartmented Information Level.”
The letters were turned over to VICE News in response to a FOIA lawsuit we filed against the FBI last year seeking, among other records, correspondence between the FBI and the State Department about Clinton’s private server and the FBI’s probe into it. The FBI had previously said that if it were to disclose the contents of these letters — even the identities of the senders and receivers — it would jeopardize its investigation.” (Read more: VICE News, 8/09/2016) (FBI Vault)
March 18, 2011 – On her unsecured server, Hillary Clinton passes along the identity of the CIA’s top Libyan intelligence source
Sidney Blumenthal (Credit: The Associated Press)
“Hillary Clinton used her private email account to pass along the identity of one of the CIA’s top Libyan intelligence sources, raising new questions about her handling of classified information, according to excerpts from previously undisclosed emails released Thursday by Rep. Trey Gowdy, the Republican chairman of the House Select Committee on Benghazi.S
On March 18, 2011, Sidney Blumenthal — Clinton’s longtime friend and political adviser — sent the then secretary of state an email to her private account that contained apparently highly sensitive information he had received from Tyler Drumheller, a former top CIA official with whom Blumenthal at the time had a business relationship.
“Tyler spoke to a colleague currently at CIA, who told him the agency had been dependent for intelligence from [redacted due to sources and methods],” the email states, according to Gowdy’s letter.
The redacted information was “the name of a human source,” Gowdy wrote to his Democratic counterpart, Rep. Elijah Cummings of Maryland, and was therefore “some of the most protected information in our intelligence community.”
“Armed with that information, Secretary Clinton forwarded the email to a colleague — debunking her claim that she never sent any classified information from her private email address,” wrote Gowdy in a letter to Cummings.” (Read more: Yahoo, 10/8/2015)