Justice Department public integrity section
The Wall Street Journal confirms there is an on-going FBI Clinton Foundation investigation, but the Justice Department hasn’t given it investigative powers.
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.
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)
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)
- Andrew McCabe
- Clinton Foundation
- FBI Little Rock field office
- FBI Los Angeles field office
- FBI New York field office
- FBI Washington DC field office
- FBI's Clinton Foundation investigation
- Federal Bureau of Investigations (FBI)
- Justice Department (DoJ)
- Justice Department public integrity section
- possible conflict of interest
- possible quid pro quo
- Wall Street Journal
A Justice Department memo clarifies a policy of avoiding interference in elections.
Eric Holder, the US attorney general from 2009 until 2015, writes a memo during the 2012 US presidential race outlining Justice Department policy on how to avoid interfering in elections. It states that department employees (which includes the FBI) “must be particularly sensitive to safeguarding the department’s reputation for fairness, neutrality, and nonpartisanship.” If an employee is “faced with a question regarding the timing of charges or overt investigative steps near the time of a primary or general election,” that person should contact the department’s public integrity section “for further guidance.”
The department has had such policies for decades, and they usually are restated every presidential election, but the memo adds clarity to them. (The Washington Post, 10/29/2016) (US Department of Justice, 3/9/2012)
This department policy will be tested in 2016, when the FBI reopens an investigation into Clinton’s emails just 11 days before Clinton is on the ballot for the US presidential election.