FBI director James Comey began drafting a statement exonerating Clinton months before the investigation ended — i.e., before over a dozen key witnesses, including Clinton herself, had been interviewed.
.. Note that the lawyer for Manafort and Gates was forced to testify against her clients based on the theory that she had participated — however unwittingly — in their scheme to cover up their lobbying efforts on behalf of a Ukrainian political party.
.. Aggressively, Mueller’s team contended that even if the lawyer had not intended to help her clients mislead the government, their use of her services was intended to dupe the government. That, Mueller argued, brought their communications with the lawyer under the crime-fraud exception to the attorney-client privilege.
.. Mrs. Clinton’s lawyers were her accomplices.
.. the Justice Department refused to invoke the crime-fraud exception to explore what advice Clinton lawyers gave her information technology contractor before he supposedly took it on himself to delete and destroy her emails.
.. subjects of the .. decided which emails to surrender to the State Department and which to withhold as “private” — were permitted to act as attorneys for the principal subject of the investigation, Clinton herself.
.. decided which emails to surrender to the State Department and which to withhold as “private” — were permitted to act as attorneys for the principal subject of the investigation, Clinton herself.
.. the FBI did not seize the servers of the Democratic National Committee, even though much of the collusion case hinges on the conclusion that these servers were hacked by Russian operatives. Instead, the FBI politely requested that the servers be surrendered so the Bureau’s own renowned forensic investigators could examine them. When the DNC refused, the Justice Department did not issue a subpoena or obtain a search warrant; to the contrary, the FBI and DOJ agreed to accept the findings of CrowdStrike, a private investigative firm retained by the DNC’s (and the Clinton campaign’s) attorneys.
.. George Papadopoulos is a low-level subject of the collusion investigation who did not commit any crimes in his many contacts with Russia-connected sources. Yet Mueller induced him to plead guilty to a felony count of lying to investigators about the timing of his first meeting with such a source
.. while a number of Clinton subordinates asserted their Fifth Amendment right to refuse to answer questions on the ground that truthful answers could incriminate them, none of them was prosecuted. Instead, the Obama Justice Department gave them immunity.
.. Mrs. Clinton claimed not to know what the designation “[C]” means in classified documents. As a longtime consumer of classified information, Clinton obviously knew it means “confidential.”
.. Clinton ludicrously told interviewing agents she thought “[C]” might have something to do with putting information in alphabetical order.
.. Often, the Justice Department is so hell-bent on making the case, it will play an intimidating game of hardball if that’s what it takes. On rare occasions, though, it works just as hard to not make the case — to see no evil.
Sally Yates: Protect the Justice Department From President Trump
The president is attempting to dismantle the rule of law, destroy the time-honored independence of the Justice Department, and undermine the career men and women who are devoted to seeking justice day in and day out, regardless of which political party is in power.
.. President Trump claims that it is very “unfair” that Mr. Sessions recused himself from the Russia investigation, a recusal indisputably necessary given Mr. Sessions’ role in the campaign that is now under investigation. At its core, the president’s complaint is that he doesn’t have a political ally at the Justice Department to protect him from the Russia investigation. And he is apparently trying to bully Mr. Sessions into resigning so that he can put someone in place who will.
The president hasn’t stopped there. He has also tried to goad Mr. Sessions into re-initiating a closed investigation of the president’s former political rival. And all of this takes place in the wake of the president’s attempts to persuade the former F.B.I. director James Comey to back off the Michael Flynn investigation, and then firing Mr. Comey when he didn’t.
President Trump’s actions appear aimed at destroying the fundamental independence of the Justice Department. All the while, he’s ripping the blindfold off Lady Justice and attempting to turn the department into a sword to seek vengeance against his perceived enemies and a shield to protect himself and his allies.
.. In short, no one at the White House should have anything to do with any decisions about whom or what to investigate or prosecute. Period.
We must do more than rubberneck as we drive past this car crash. We all have a responsibility to protect our Justice Department’s ability to do its job free from interference. The very foundation of our justice system — the rule of law — depends on it.
Leahy to Sessions: ‘You can’t run forever’
Sen. Patrick Leahy (D-Vt.) has a message for Attorney General Jeff Sessions: “You can’t run forever.”
“Atty Gen. Sessions provided false testimony in response to questions from me and @SenFranken about his contacts with Russian officials,” Leahy tweeted Saturday.
“Now, twice in 2 mos., AG Sessions cancels an Approps hg in which I could Q him about his false testimony and half-hearted Russia recusal,” the Democratic senator said in a subsequent tweet.“My mssg to AttyGen Sessions: Approps & Judiciary have oversight of DOJ. You need to testify before both in public. You can’t run forever,”.. Sessions was supposed to testify in front of the House and Senate Appropriations subcommittees this week but said in a statement he would send Deputy Attorney General Rod Rosenstein to that hearing.Instead, Sessions will testify before the Senate Intelligence Committee, which is investigating any ties between the Trump campaign and Russia.
James Comey’s Testimony: ‘Comey Was Playing Chess’
Trump’s defenders will be trying to portray Trump’s pressuring Comey to drop the Flynn investigation as an isolated incident, a president who simply didn’t know any better going a bit too far trying to get a friend off the hook.
.. The president asked Comey, then the F.B.I. director, to pledge his loyalty and to shut down one part of the investigation. When the director didn’t comply, he was fired.
And the intelligence committee hearing on all of this proceeded like it was just another partisan fight about tax cuts. The word “surreal” comes to mind.
.. the specific takeaway is actually something we already knew: Comey said: “I take the president, at his word, that I was fired because of the Russia investigation. Something about the way I was conducting it, the president felt created pressure on him that he wanted to relieve.” Comey was clear Trump didn’t ask him to stop the Russia investigation. But the president wanted to change the course of what the F.B.I. was doing. In this context, whatever his rationale, and whether or not he broke the law, is that acceptable conduct for an American president?
.. including a cryptic reference by Trump to the “the McCabe thing,” suggesting that our president might have his cross hairs on the acting FBI director.
.. The statement by Trump’s lawyer that the president feels “completely and totally vindicated” by Comey’s testimony was particularly bizarre given that Trump and the White House had both flatly denied the president ever made such a request. True, Comey’s testimony confirms that as of March 30, the F.B.I. wasn’t investigating Trump himself, but that’s hardly proof of innocence. After all, as Comey points out, that could change.
.. David French describes Comey’s account of the exchange in which Trump asked him for loyalty and concludes:
“There’s no serious argument that this is appropriate behavior from an American president. Imagine for a moment testimony that President Barack Obama or a hypothetical President Hillary Clinton had a similar conversation with an F.B.I. director. The entire conservative-media world would erupt in outrage, and rightly so. The F.B.I. director is a law-enforcement officer, loyal to the Constitution, not the president’s consigliere.”
.. The Department of Justice has long taken the position that criminal charges can’t be brought against a sitting president because that would “undermine the capacity of the executive branch to perform its constitutionally assigned functions”
.. Attorney General Jeff Sessions couldn’t bring charges even if he wanted to, which he doesn’t.
.. an aggressive accusation that the Trump administration “defamed” him and the agency to justify his firing. “Those were lies, plain and simple,”
.. Comey wants to be providing the facts, and his gut reaction — “disturbing” — while leaving the legal conclusions to the senators questioning him, and to Bob Mueller
.. Rich Lowry’s argument in Politico that Comey’s willingness to talk about ongoing investigations helps explain why Trump thought he could ask Comey to publicly say that the president himself wasn’t under investigation.
.. there something to the underlying idea, that Comey himself scrambled the rules for what should and shouldn’t be public, in the context of a highly politicized F.B.I. investigation?
.. how telling is it that the former director of the F.B.I. testified that he felt he needed to document every encounter with Trump because, given “the nature of the person,” he felt Trump might lie? He actually used the “L” word!
.. Trump is right about the “cloud” hanging over him. Comey set a bad precedent last summer and I hope the F.B.I. ditches it.
.. Senator Marco Rubio’s line of questioning, is that the defense of Trump is taking form
.. One Comey subtheme is Sessions’s failure to protect the F.B.I’s independence from the White House.
.. it sounds like Sessions is more mixed up in the Russia investigation than we know.
.. And if it turns out the campaign assisted Russia in any way, that’s a political crime that would make the Watergate break-in look benign.
.. He didn’t order Comey to shut down the whole Russia investigation, he merely asked Comey to shut down the inquiry into Flynn
.. I’ll stipulate that much of Comey’s conduct strikes me as bizarre: The vicarious leaking of his memo probably tops that list, and his reason for not alerting Sessions of Trump’s misconduct, at a time when Sessions was still overseeing the Russia investigation, is pretty thin.
.. I’m still getting my mind around Comey’s statement that he asked a friend (Dan Richman, a Columbia University law professor has confirmed he was that person) to leak Comey’s memo about Trump to the press in order to trigger the appointment of a special counsel. Wow! Trump doesn’t play chess, but that’s what Comey was doing. It also suggests that he didn’t think the Justice Department should handle the investigation through normal channels.