private server

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.

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)

Postscript:

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)

January 21, 2019 – Lindsey Graham to continue oversight of the FBI investigation into Clinton’s private email server and the Foreign Intelligence Surveillance Act (FISA) warrant applications

Lindsey Graham (Credit: Fox News Sunday)

“New tensions are flaring on the Senate Judiciary Committee over plans by newly minted Chairman Lindsey Graham (R-S.C.) to dig into Obama-era scandals.

Graham, a close ally of President Trump’s, has outlined several areas he wants to probe now that he has the Judiciary Committee gavel.

They include the FBI’s handling of its investigation into Hillary Clinton’s private email server and the Foreign Intelligence Surveillance Act (FISA) warrant applications targeting former Trump campaign aide Carter Page.

(…) Graham told reporters earlier this month that he would do a “deep dive into the FISA issue” as chairman of the Judiciary Committee. And he told Fox News last month that he believed the FBI “phoned in” the Clinton probe and were “in the tank” for the Democratic presidential nominee.

“There’s a certain unevenness here about how you investigate campaigns,” Graham said, adding that he believed there was “100 percent” a double standard between how the bureau handled the investigation into Clinton compared to investigating the Trump campaign.

Graham also said late last year that he would “totally” investigate the FBI’s handling of its investigations into Russian interference in the 2016 presidential election and Clinton’s email. He added separately last month that he would “get to the bottom of” the FISA warrant applications against Page and that he wanted to have “an in-depth discussion” with former FBI Director James Comey.

Asked about his investigation plans and the criticism from Democrats, a spokeswoman for Graham pointed to a pair of tweets from the GOP senator on Friday where he doubled down.

Graham described as “stunning” a Fox News report that Justice Department official Bruce Ohr discussed his views on a controversial research opposition dossier on Trump with individuals now on special counsel Robert Mueller’s probe.

“These purported revelations will NOT get a pass in Senate Judiciary Committee,” Graham added.” (Read more: The Hill, 1/21/2019)

January 15, 2019 – Federal Court orders discovery on Clinton Email, Benghazi scandal

Judge Royce Lamberth (Credit: Diego M. Radzinschi/Legal Times)

“Judicial Watch announced today that United States District Judge Royce C. Lamberth ruled that discovery can begin in Hillary Clinton’s email scandal. Obama administration senior State Department officials, lawyers, and Clinton aides will now be deposed under oath. Senior officials — including Susan Rice, Ben Rhodes, Jacob Sullivan, and FBI official E.W. Priestap — will now have to answer Judicial Watch’s written questions under oath. The court rejected the DOJ and State Department’s objections to Judicial Watch’s court-ordered discovery plan. (The court, in ordering a discovery plan last month, ruled that the Clinton email system was “one of the gravest modern offenses to government transparency.”)

Judicial Watch’s discovery will seek answers to:

  • Whether Clinton intentionally attempted to evade the Freedom of Information Act (FOIA) by using a non-government email system;
  • whether the State Department’s efforts to settle this case beginning in late 2014 amounted to bad faith; and
  • whether the State Department adequately searched for records responsive to Judicial Watch’s FOIA request.

Discovery is scheduled to be completed within 120 days. The court will hold a post-discovery hearing to determine if Judicial Watch may also depose additional witnesses, including Clinton and her former Chief of Staff Cheryl Mills.

Judge Lamberth ordered written responses under oath to Judicial Watch’s questions from Obama administration senior officials Rice, Rhodes and Sullivan, and former FBI official Priestap. Rice and Rhodes will answer interrogatories under oath on the Benghazi scandal. Rejecting the State and Justice Department objections to discovery on the infamous Benghazi talking points, Judge Lamberth reiterated:

Yet Rice’s talking points and State’s understanding of the attack play an unavoidably central role in this case: information about the points’ development and content, as well as their discussion and dissemination before and after Rice’s appearances could reveal unsearched, relevant records; State’s role in the points’ content and development could shed light on Clinton’s motives for shielding her emails from FOIA requesters or on State’s reluctance to search her emails.

Judicial Watch also may serve interrogatories on Monica Hanley, a former staff member in the State Department’s Office of the Secretary, and on Lauren Jiloty, Clinton’s former special assistant.

Eric Boswell (Credit: public domain)

According to Lamberth’s order, regarding whether Clinton’s private email use while Secretary of State was an intentional attempt to evade FOIA, Judicial Watch may depose:

  1. Eric Boswell, the former Assistant Secretary for Diplomatic Security.… Boswell’s March 2009 memo to Mills … discusses security risks Clinton’s Blackberry use posed more generally. And Boswell personally discussed the memo with Clinton. So, he plainly has relevant information about that conversation and about his general knowledge of Clinton’s email use. Judicial Watch may depose Boswell.
  2. Justin Cooper. the Clinton Foundation employee who created the clintonemail.com server. In its proposal, Judicial Watch noted Cooper’s prior congressional testimony “appears to contradict portions of the testimony provided by Huma Abedin in the case before Judge Sullivan.” … Cooper repeatedly told Congress that Abedin helped set-up the Clintons’ private server, e.g., Examining Preservation of State Department Federal Records: [before a Congressional hearing] Abedin testified under oath she did not know about the server until six years later.… Judicial Watch may depose Cooper.
  3. Clarence Finney, the former deputy director of State’s Executive Secretariat staff…. [T]his case’s questions hinge on what specific State employees knew and when they knew it. As the principal advisor and records management expert responsible for controlling Clinton’s official correspondence and records, Finney’s knowledge is particularly relevant. And especially given the concerns about government misconduct that prompted this discovery, Judicial Watch’s ability to take his direct testimony and ask follow-up questions is critical.” (Read more: Judicial Watch, 1/15/2019)

December 6, 2018 – Federal Judge Royce C. Lamberth opens discovery into Clinton email usage

Judge Royce C. Lambert (Credit: public domain)

“Judicial Watch announced today that, in a ruling excoriating both the U.S. Departments of State and Justice, U.S. District Court Judge Royce C. Lamberth has ordered both agencies to join Judicial Watch in submitting a proposed schedule for discovery into whether Hillary Clinton sought to evade the Freedom of Information Act (FOIA) by using a private email system and whether the State Department acted in “bad faith” by failing to disclose knowledge of the email system.  The decision comes in a FOIA lawsuit related to the Benghazi terrorist attack.

Lamberth ruled:

“… the Court ORDERS the parties to meet and confer to plan discovery into (a) whether Hillary Clinton’s use of a private email while Secretary of State was an intentional attempt to evade FOIA; (b) whether the State Department’s attempts to settle this case in late 2014 and early 2015 amounted to bad faith; and (c) whether State has adequately searched for records responsive to Judicial Watch’s requests.”

Terming Clinton’s use of her private email system, “one of the gravest modern offenses to government transparency,” Lamberth wrote in his MEMORANDUM OPINION:

“… his [President Barack Obama’s] State and Justice Departments fell far short. So far short that the court questions, even now, whether they are acting in good faith. Did Hillary Clinton use her private email as Secretary of State to thwart this lofty goal [Obama announced standard for transparency]? Was the State Department’s attempt to settle this FOIA case in 2014 an effort to avoid searching – and disclosing the existence of – Clinton’s missing emails? And has State ever adequately searched for records in this case?”

***

At best, State’s attempt to pass-off its deficient search as legally adequate during settlement negotiations was negligence born out of incompetence. At worst, career employees in the State and Justice Departments colluded to scuttle public scrutiny of Clinton, skirt FOIA, and hoodwink this Court.

Turning his attention to the Department of Justice, Lamberth wrote:

“The current Justice Department made things worse. When the government last appeared before the Court, counsel claimed, ‘it is not true to say we misled either Judicial Watch or the Court.’ When accused of ‘doublespeak,’ counsel denied vehemently, feigned offense, and averred complete candor. When asked why State masked the inadequacy of its initial search, counsel claimed that the officials who initially responded to Judicial Watch’s request didn’t realize Clinton’s emails were missing, and that it took them two months to ‘figure [ ] out what was going on’… Counsel’s responses strain credulity.” [citations omitted]

The Court granted discovery because the government’s response to the Judicial Watch Benghazi FOIA request for Clinton emails “smacks of outrageous conduct.”

Citing an email (uncovered as a result of Judicial Watch’s lawsuit) that Hillary Clinton acknowledged that Benghazi was a terrorist attack immediately after it happened, Judge Lamberth asked:

Did State know Clinton deemed the Benghazi attack terrorism hours after it happened, contradicting the Obama Administration’s subsequent claim of a protest-gone-awry?”

(Read more: Judicial Watch, 12/06/2018)

November 14, 2018 – Court rules Hillary Clinton must answer more questions about her emails

“Judicial Watch announced that U.S. District Court Judge Emmett G. Sullivan ruled that within 30 days Hillary Clinton must answer under oath two additional questions about her controversial email system.

In 2016, Clinton was required to submit under oath written answers to Judicial Watch’s questions. Clinton objected to and refused to answer questions about the creation of her email system; her decision to use the system despite warnings from State Department cybersecurity officials; and the basis for her claim that the State Department had “90-95%” of her emails.

After a lengthy hearing on Wednesday, Judge Sullivan ruled that Clinton must address two questions that she refused to answer under-oath: “Describe the creation of the clintonemail.com system, including who decided to create the system, the date it was decided to create the system, why it was created, who set it up, and when it became operational.”

“During your October 22, 2015 appearance before the U.S. House of Representatives Select Committee on Benghazi, you testified that 90 to 95 percent of your emails “were in the State’s system” and “if they wanted to see them, they would certainly have been able to do so.” Identify the basis for this statement, including all facts on which you relied in support of the statement, how and when you became aware of these facts, and, if you were made aware of these facts by or through another person, identify the person who made you aware of these facts.”

October 3rd & 18th, 2018 – Transcripts of former top FBI lawyer details a belief Clinton should have been charged for her “alarming, appalling” mishandling of classified info

(Credit: Conservative Treehouse)

“[James] Baker served as the FBI’s general counsel when the bureau investigated the Trump campaign and Hillary Clinton’s use of an unauthorized private email server. During two days of testimony on Oct. 3 and Oct. 18, he told lawmakers that he believed even toward the end of the Clinton investigation that she should have been charged over her “alarming, appalling” mishandling of classified information.

He argued with others, including then-FBI Director James Comey, about the issue all the way toward the end of the investigation, but was ultimately persuaded that Clinton should be exonerated.

“My original belief … after having conducted the investigation and towards the end of it, then sitting down and reading a binder of her materials, I thought that it was alarming, appalling, whatever words I said, and argued with others about why they thought she shouldn’t be charged,” Baker told lawmakers.

As of October 2018, nearly two years after the Clinton probe concluded, Baker still believed that the conduct of the former secretary of state and her associates was “appalling” with regard to the handling of classified information.

(…) As general counsel, Baker advised senior FBI leaders on the legal aspects of key investigations and served as the liaison with the Department of Justice (DOJ). In testimony, he detailed a series of unusual steps he took in the Trump-Russia investigation, including serving as the conduit between Perkins Coie—the firm working for the Clinton 2016 presidential campaign and the Democratic National Committee (DNC)—and the FBI.

Baker left his position as general counsel in early January 2018 and then resigned from the FBI in early May 2018.” (Read more: Epoch Times, 1/18/2019)

August 16, 2018 – Judicial Watch releases newly uncovered Clinton emails, 5 contain classified information

“Judicial Watch today released two batches, 184 pages and 45 pages, of newly uncovered emails of former Secretary of State Hillary Clinton from the U.S. Department of State sent and received over her unsecure, non-“state.gov” email system. Five emails contain classified information.

Judge James Boasberg (Credit: public domain)

(…) “The documents are part of the accelerated schedule of production ordered by U.S. District Court Judge James E. Boasberg, which requires the State Department to complete processing by September 28, 2018, the remaining documents of the 72,000 pages recovered by the FBI in its investigation into Hillary Clinton’s illicit email server. These new classified and other emails appear to be among those that Clinton had attempted to delete or had otherwise failed to disclose.

  • On June 7, 2011, Clinton received classified information on her non-secure email account from former British Prime Minister Tony Blair, which Blair also forwarded to Jake Sullivan, about Blair’s Middle East negotiations with Israel, the Palestinians and the French
  • On January 26, 2010, Clinton’s Deputy Chief of Staff Jake Sullivan sent classified information via his unsecure Blackberry to Huma Abedin’s State Department email account that he’d earlier sent to Clinton’s and Abedin’s non-secure @clintonemail.com email accounts about U.K. negotiations with Northern Ireland.
  • On October 28, 2010, Clinton exchanges information with her friend Marty Torrey – a congressional aide – who asks Clinton in an email if she would advise that Torrey meet with former Pakistani President Pervez Musharraf. Clinton responds through her non-secure email account approving the meeting and notes that she is emailing him from Hanoi, Vietnam.
  • An email chain dated April 8, 2010, which contains a memo from Sid Blumenthal to Hillary Clinton related to the change of government in Kyrgyzstan, contains information classified “confidential” and is redacted as “foreign government information” and “foreign relations or foreign activities of the United States, including confidential sources.” Blumenthal urges Clinton to “develop relations” with the new government in Kyrgyzstan.

All of this suggests to me the necessity for the State Department to assert itself and take the lead in developing relations with the new government.

  • A January 26, 2010, email to Hillary Clinton from her deputy chief of staff, Jake Sullivan, is classified “confidential” and contains a “call sheet” that Clinton received prior to placing a call to Northern Ireland political leaders. It appears that the redacted portions contain the names of particular members of Sinn Fein who were invited to a particular meeting and the expectations of either themselves or other foreign ministers for the outcomes of that meeting.
  • A June 13, 2009, email to Clinton from Sullivan with the subject line “Northern Ireland” is classified “confidential” and nearly completely redacted. The particular subject details are unclear.
  • Abedin emails Clinton about “Invites for the week” in an undated email (but apparently written before November 1, 2011, the day Clinton’s mother died, because her mother is one of the invitees – probably written in early 2009, based on the period most of these emails seem to have been written), and notes that she (Clinton) has a “George Soros lunch from 1-3 in Southampton.”
  • On October 20, 2010, lawyer Lanny Davis writes Clinton an email saying, “Thank you H for who you are and what you do,” followed in the exchange by another with “PS. I swear you look younger and better every time I see you, Good night dear Hillary. Lanny.” Mr. Davis is currently a lawyer for Michael Cohen.
  • In an undated email, Blumenthal emails Clinton about State Department management issues suggests that Joseph C. Wilson “should be spoken with for his view of dept, personnel…is shrewd.” Wilson is a former ambassador to Gabon who went on to become an Africa consultant and deal-maker.

“These classified Hillary Clinton emails that she tried to hide or destroy show why it is urgent that the DOJ finally undertake an honest criminal investigation,” said Judicial Watch President Tom Fitton. “These emails show how the prior sham investigation by the Comey-Strzok-McCabe-Lynch crowd was a joke. It is past time for Attorney General Jeff Sessions to order a new investigation of the Hillary Clinton email scandal.” (Read more: Judicial Watch, 8/16/2018)

July 13, 2018 – Lisa Page testifies she was unaware the ICIG briefed top bureau officials on an anomaly found embedded in Clinton’s server that sent a copy of her emails to a third party

On August 29, 2018, The Daily Caller News Foundation reports, “The FBI refuses to disclose whether or not it met with senior members of the Intelligence Community Inspector General on the subject of foreign intrusion of former Secretary Hillary Clinton’s private server.

An FBI spokeswoman refused to confirm if Intelligence Community Inspector General (ICIG) officials — including Frank Rucker, its chief investigator — briefed top bureau officials about evidence of penetration of Clinton’s private server by a Chinese government intelligence operation. “We have no comment,” she told The Daily Caller News Foundation.

Earlier Wednesday, an FBI spokesman released what appeared to be a categorical statement about the Clinton server: “The FBI has not found any evidence the servers were compromised,” the FBI stated.

The statement does not address a central aspect of The DCNF’s reporting, which was that the ICIG briefed top bureau officials on three separate occasions to warn the FBI of an “anomaly” they found in 30,000 in-bound and outgoing emails. The report is based on an intelligence official with direct knowledge of the matter. The anomaly showed a code embedded in Clinton’s server was producing in real time a “courtesy copy” to a third party.” (Read more: The Daily Caller, 8/29/2018)

Former FBI lawyer Lisa Page arrives for a closed door hearing with the House Judiciary and House Oversight committees, Friday, July 13, 2018. (Credit: Jacquelyn Martin/The Associated Press)

On January 11, 2019, Jeff Carlson writes of his exclusive access to the July 13, 2018 transcript of Lisa Page’s testimony to a joint congressional committee and she is asked why the FBI didn’t meet with Mr. Rucker and the ICIG team to further investigate the “anomaly” found embedded in Clinton’s private server:

“During one exchange, one of the representatives questioning her noted, “We have information from the inspector general of the intelligence community … that there were anomalies that would suggest that there were copies of every email going to a third party. … Is this news to you

Page admitted it was and noted it was “completely baffling to me.”

She was then asked the obvious question: “Why would the investigative team not have had multiple interviews with Mr. Rucker, who brought it to the FBI’s attention originally?”

Page responded by saying the following:

“My understanding is that the IC IG [Intelligence Community Inspector General] did refer the existence of the server to the FBI, but that was because of the existence of classified information on that server, not because of any anomalous activity, not because of potential intrusion activity. Because it’s not my understanding that the IC IG conducted any sort of forensic analysis like that.”

The questioning continued:

“So what you’re telling me, it would surprise you to know today that, if there were anomalies, that the inspector general’s forensic team found those before it was referred to the FBI?”

Page responded:

“To the extent that a foreign government or even a criminal outlet had had access to Secretary Clinton’s private email server, that would have been something we cared very much about. And it’s my understanding that there was no evidence that would have supported that kind of conclusion.”
(Read more: Epoch Times, 1/11/2019)

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)

June 27, 2018 – Strzok testimony reveals DOJ and Clinton lawyers struck secret deal to block FBI access to Clinton Foundation Emails

Bill and Hillary Clinton (Credit: public domain)

“The Justice Department and Hillary Clinton’s legal team “negotiated” an agreement that blocked the FBI from accessing emails on Clinton’s homebrew server related to the Clinton Foundation, according to a transcript of recently released testimony from last summer by former FBI special agent Peter Strzok.

“Under questioning from Judiciary Committee General Counsel Zachary Somers, Strzok acknowledged that Clinton’s private personal email servers contained a mixture of emails related to the Clinton Foundation, her work as secretary of state and other matters.

Were you given access to [Clinton Foundation-related] emails as part of the investigation?” Somers asked

We were not. We did not have access,” Strzok responded. “My recollection is that the access to those emails were based on consent that was negotiated between the Department of Justice attorneys and counsel for Clinton.” – Fox News

Strzok added that “a significant filter team” was employed at the FBI to “work through the various terms of the various consent agreements.”

“According to the attorneys, we lacked probable cause to get a search warrant for those servers and projected that either it would take a very long time and/or it would be impossible to get to the point where we could obtain probable cause to get a warrant,” said Strzok.

(…) Later in his testimony last summer, Strzok said that agents were able to access “the entire universe” of information on the servers by using search terms to probe their contents – saying “we had it voluntarily.”

“What’s bizarre about this, is in any other situation, there’s no possible way they would allow the potential perpetrator to self-select what the FBI gets to see,” said former Utah Rep. Jason Chaffetz – former chair of the House Oversight and Government Reform Committee until 2017 and current contributor to Fox News. “The FBI should be the one to sort through those emails — not the Clinton attorneys.

Chaffetz suggested that the goal of the DOJ was to “make sure they hear no evil, see no evil — they had no interest in pursuing the truth.”

“The Clinton Foundation isn’t supposed to be communicating with the State Department anyway,” said Chaffetz. “The foundation — with her name on it — is not supposed to be communicating with the senior officials at the State Department.” (Read more: Zero Hedge, 3/15/2019)  (Strzok Transcript)