The nation’s capitol is about to endure a spring thunderstorm.
Important facts to keep in mind:
- This report deals only with the FBI’s and DoJ’s “investigation” into the email server and classified information discovered on it under the processes and proceedures then officially in place for both organizations.
- The IG is specifically barred from opining as to the propriety of the outcome (the decision of whether or not to prosecute), though if he can demonstrate as a fact that the determination was pre-determined that finding could be included.
- Any criminal referrals arising from this IG Investigation will not be part of the report, nor will U. S. Attornedy Huber confirm or deny any such investigation until he has inictments or has closed his investigation without charges.
- Any spin off investigations arising from this investigation which are not purely criminal in nature will require a separate announcement by the OIG.
Subjects of report have been notified they can review the document and comment on any criticisms
By, Aruna Viswanatha and Sadie Gurman, the Wall Street Journal
Multiple subjects of a report on the Justice Department’s handling of a 2016 investigation into Hillary Clinton’s email use have been notified that they can privately review the report by week’s end, signaling the long-awaited document is nearing release.
The report is likely to reignite the volatile debate over the Federal Bureau of Investigation’s handling of the Clinton probe, and it will put Michael Horowitz, the Justice Department’s inspector general, in a familiar place—taking aim at members of the law enforcement community.
This is the normal review process for IG Reports, which are strict findings of verified fact. The subjects have very little leeway to classify or redact, and can only submit comments which will be reviewed for factual accuracy against the documented findings. All Subjects have been required to review and sign strict nondisclosure agreement prior to viewing the draft of the report. For details on process and impact, we turn to sundance:
Inspector General Horowitz Submits Draft Report of Clinton Email Investigation For Principal Review…
By sundance, the Conservative Tree House
Responses from the principals about the facts outlined in the draft report are then reviewed, cleared for addition if appropriate, and included in the Final Report. The Draft Report is the first time the DOJ and FBI Principals (only those officials who remain inside the DOJ and FBI) get to see the underlying documentary evidenced gathered in the 17-month-long investigation.
At this point U. S. Attorney Huber knows more about the investigation than anyone else in the DoJ or FBI, and he only the criminal conduct and evidence which has been referred to him by Inspector General Horrowitz. The parenthetical identification of non reviewers is significant.
More Key Points:
♦First, the draft report is reviewed internally. Only the principal officers who are currently inside the investigated agency get to see it. Those officials must sign comprehensive Non Disclosure Agreements, subject to criminal prosecution if they violate the NDA.
Former Officials, or employees who have left the agency: ex. James Comey, Andrew McCabe, Lisa Page, James Baker, Jim Rybicki, Michael Kortan and all of the officials who have left the FBI will not get to see the draft report. [Now you know why Lisa Page and James Baker were dispatched last week.]
The same IG rules of Draft Report distribution apply on the Main Justice side of the DOJ and (DOJ-NSD) (DOJ-National Security Division). Loretta Lynch, Sally Yates, Mary McCord, David Laufman, etc. do not get to see the report. Attorney General Jeff Sessions and Asst. AG Rod Rosenstein will review the draft report and control who they allow to review.
On the FBI side, Director Christopher Wray will review the draft report along with Asst FBI Director David Bowditch (if approved). Likely FBI Chief Legal Counsel Dana Boente, the former head of the DOJ-NSD, will also review. [*note* now you know why Boente was brought back inside in January ’18] Two more principals who could review would be FBI Asst. Director in charge of Counterintelligence Bill Priestap; and we must remember – FBI Agent Peter Strzok was not kicked out, he also remains inside.
At this point those who are no longer with the DoJ or FBI have to be wondering just how much Horrowitz has dug up. Based on the fate of McCabe and Page, it’s safe to assume it’s a lot more than the rogues list of current outsiders would like. The Strzok/Page texts are just the tip of the evidentiary iceberg, and have already spawned one completed IG Investigation and at least one more (FISA Abuse) which are in progress (aside from the investigation into how the FBI and DoJ conducted their “investigation” of Madam Former Secretary’s private email server, which is the sole subject of the report currently in review) and ongoing.
One must wonder if the Clinton email investigation will be re-opened. I find it near certain that Horrowitz will demonstrate that the “investigation” was a sham and the results pre-determined. As such the clock on the statute of limitations may not be in play since Felonia Milhouse Von Pantsuit was in never really investigate nor in real danger of prosecution. I leave that to the lawyers, but look forward to seeing the issue debated.
Please note that while this investigation has shed a great deal of (unwanted by the praetorians) light on the Mueller investigation and Russian Collusion Fiction, this report is actually un-related.