Andrew C. McCarthy

October 25, 2017 – Editorial: When Scandals Collide

Andrew C. McCarthy

By: Andrew McCarthy

(…) “we have learned finally, courtesy of the Washington Post, that Fusion GPS, the research firm that produced the notorious “Trump Dossier,” was funded by the Hillary Clinton presidential campaign and the Democratic National Committee. Of course, the Clinton campaign and the DNC always want layers of deniability and obfuscation – and let’s note that it has served them well – so they hire lawyers to do the icky stuff rather than doing it directly. Then, when the you-know-what hits the fan, outfits like Fusion GPS try to claim that they can’t share critical information with investigators because of (among other things) attorney-client confidentiality concerns.

Here, the Clinton campaign and the DNC retained the law firm of Perkins Coie; in turn, one of its partners, Marc E. Elias, retained Fusion GPS. We don’t know how much Fusion GPS was paid, but the Clinton campaign and the DNC paid $9.1 million to Perkins Coie during the 2016 campaign (i.e., between mid-2015 and late 2016).

In its capacity as attorney for the DNC, Perkins Coie – through another of its partners, Michael Sussman – is also the law firm that retained CrowdStrike, the cyber security outfit, upon learning in April 2016 that the DNC’s servers had been hacked.

A friend draws my attention to an intriguing coincidence.

Interesting: Despite the patent importance of the physical server system to the FBI and Intelligence-Community investigation of Russian meddling in the 2016 election, the Bureau never examined the DNC servers. Evidently, the DNC declined to cooperate to that degree, and the Obama Justice Department decided not to issue a subpoena to demand that the servers be turned over (just like the Obama Justice Department decided not to issue subpoenas to demand the surrender of critical physical evidence in the Clinton e-mails investigation).

Instead, the conclusion that Russia is responsible for the invasion of the DNC servers rests on the forensic analysis conducted by CrowdStrike. Rather than do its own investigation, the FBI relied on a contractor retained by the DNC’s lawyers.” (Read more: National Review, 10/25/2017)

September 2, 2017 – Opinion: It Wasn’t Comey’s Decision to Exonerate Hillary – It Was Obama’s

Andrew C. McCarthy (Credit: National Review)

By: Andrew MCCarthy

(…) “In his [Obama’s] April 10 comments, Obama made the obvious explicit: He did not want the certain Democratic nominee, the candidate he was backing to succeed him, to be indicted. Conveniently, his remarks (inevitably echoed by Comey) did not mention that an intent to endanger national security was not an element of the criminal offenses Clinton was suspected of committing – in classic Obama fashion, he was urging her innocence of a strawman crime while dodging any discussion of the crimes she had actually committed.

As we also now know – but as Obama knew at the time – the president himself had communicated with Clinton over her non-secure, private communications system, using an alias. The Obama administration refused to disclose these several e-mail exchanges because they undoubtedly involve classified conversations between the president and his secretary of state. It would not have been possible to prosecute Mrs. Clinton for mishandling classified information without its being clear that President Obama had engaged in the same conduct. The administration was never, ever going to allow that to happen.

What else was going on in May 2016, while Comey was drafting his findings (even though several of the things he would purportedly “base” them on hadn’t actually happened yet)? Well, as I explained in real time (in a column entitled “Clinton E-mails: Is the Fix In?”), the Obama Justice Department was leaking to the Washington Post that Clinton probably would not be charged – and that her top aide, Cheryl Mills, was considered a cooperating witness rather than a co-conspirator.

Why? Well, I know you’ll be shocked to hear this, but it turns out the Obama Justice Department had fully adopted the theory of the case announced by President Obama in April. The Post explained that, according to its sources inside the investigation, there was “scant evidence tying Clinton to criminal wrongdoing” because there was “scant evidence that Clinton had malicious intent in [the] handling of e-mails” (emphasis added). Like Obama, the Post and its sources neglected to mention that Mrs. Clinton’s felonies did not require proof of “malicious intent” or any purpose to harm the United States – just that she willfully transmitted classified information, was grossly negligent in handling it, and withheld or destroyed government records.

As I recounted in the same May 2016 column, the Obama Justice Department was simultaneously barring the FBI from asking Mills questions that went to the heart of the e-mails investigation – questions about the process by which Clinton and her underlings decided which of her 60,000 e-mails to surrender to the State Department, and which would be withheld (it ended up being about 33,000) as purportedly “private” (a goodly percentage were not).

This was the start of a series of Justice Department shenanigans we would come to learn about: Cutting off key areas of inquiry; cutting inexplicable immunity deals; declining to use the grand jury to compel evidence; agreeing to limit searches of computers (in order to miss key time-frames when obstruction occurred); agreeing to destroy physical evidence (laptop computers); failing to charge and squeeze witnesses who made patently false statements; allowing subjects of the investigation to act as lawyers for other subjects of the investigation (in order to promote the charade that some evidence was off-limits due to the attorney-client privilege); and so on. There is a way – a notoriously aggressive way – that the Justice Department and FBI go about their business when they are trying to make a case. Here, they were trying to unmake a case.” (Read more: National Review, 9/02/2017)

July 28 – August 5, 2016: The Strzok-Page Texts and the Origins of the Trump-Russia Investigation

By Andrew C. McCarthy

“Peter Strzok and Lisa Page’s texts shine a highly redacted light on how the Trump-Russia investigation began.

It was July 31, 2016. Just days earlier, the Obama administration had quietly opened an FBI counterintelligence investigation of Russian cyber-espionage — hacking attacks — to disrupt the 2016 election. And not random, general disruption; the operating theory was that the Russians were targeting the Democratic party, for the purpose of helping Donald Trump win the presidency.

FBI special agent Peter Strzok was downright giddy that day.

The Bureau had finally put to bed “Mid Year Exam.” MYE was code for the dreaded investigation of Hillary Clinton’s improper use of a private email system to conduct State Department business, which resulted in the retention and transmission of thousands of classified emails, as well as the destruction of tens of thousands of government business records. Strzok and other FBI vets dreaded the case because it was a go-through-the-motions exercise: Everyone working on it knew that no one was going to be charged with a crime; that Mrs. Clinton was going to be the next president of the United States; and that the FBI’s goal was not to be tarnished in the process of “investigating” her — to demonstrate, without calling attention to the suffocating constraints imposed by the Obama Justice Department, that the Bureau had done a thorough job, and that there was a legal rationale for letting Clinton off the hook that might pass the laugh test.

That mission was accomplished, Strzok and his colleagues believed, with Director James Comey’s press conference on July 5, outlining the evidence and recommending against charges that “no reasonable prosecutor” would bring. Now, having run the just-for-show interview of Hillary Clinton on July 2 — long after Comey’s press statement that there would be no charges was in the can — Strzok was on the verge of a big promotion: to deputy assistant director of counterintelligence.

Even better: Now, he was working a real case — the Trump-Russia case. He was about to fly to London to meet with intelligence contacts and conduct secret interviews.

Not so secret, though, that he could contain himself.

As was his wont several times a day, Strzok texted his paramour, Lisa Page, the FBI lawyer in the lofty position of counsel to Deputy Director Andrew McCabe — which made Page one of the relative handful of Bureau officials who were in on the new probe. Late Sunday night, as he readied for his morning flight, Strzok wrote to Page, comparing the investigations of Clinton and Trump.

“And damn this feels momentous. Because this matters. The other one did, too, but that was to ensure that we didn’t F something up. This matters because this MATTERS.

This MATTERS.”

(Read more: National Review, 5/14/2018)