Interestinger and Interestinger
ORIGINALLY POSTED AS A FACEBOOK NOTE ON MAY 8, 2016
Boy, do I feel dense.
Last Thursday I posted a note, “$#!+ Just Got Real — And Real Interesting”. (fn1)
In the note I reviewed the documents filed by the DoJ in US District Court for the District of Columbia. (fn2) After reviewing the documents, and the statutes referred to in the documents, I concluded: “Per the documents filed by the DoJ there appears to be something to the rumor that the FBI is not just looking at the emails as a security issue. Is it outrageous to assume that they may also be looking into the Clinton Foundation as a possible channel for accepting bribes?”
So, why do I feel dense? Let’s go back and look at couple of sentences from the Declaration submitted by the DoJ. I quoted them in my May 6 note: “FBI Director James Comey stated before the House Judiciary Committee on October 22, 2015, that the FBI received and ‘is working on a referral [from] Inspectors General in connection with former Secretary Clinton’s use of a private e-mail server.’ Beyond director Comey’s acknowledgement of the security referral from the Inspectors General of the Intelligence Community and the Department of State, the FBI has not and cannot publicly acknowledge the specific focus, scope or potential targets of any such investigation without adversely affecting the investigation.” (fn3)
The investigation was begun at the request of not one, but two, Inspectors General. A request from even one would come with enough documentation to show probable cause of a crime. A request from two would most likely have even more evidence. Given the alleged security violations, this case should have been a slam dunk.
With evidence from two IGs it should take a team of two or three agents a week or so to gather the evidence, including interviewing people like Bryan Pagliano, and call the subject in for questioning. I cannot imagine it would take over half an hour to ask: (fn4)
1) We found this email on this server. Was it your server?
2) Where was the server kept?
3) Was that a secure facility that met the requirements for material classified at this level?
4) Which would you prefer for your next permanent residence:
• Lompoc, California
• Terminal Island, California
• Alderson, West Virginia — Martha Stewart gives this one three stars.
This coud have easily been wrapped up by the time Director Comey testified on October 22 of last year, or before Thanksgiving 2015 at the latest. Yet the FBI has had numerous Agents (reports range from over a dozen on the low end to 150 on the high end) working on this since at least October of 2015. Even assuming the lowest number, a dozen FBI Agents working on a case for 7 months, with the evidence in hand, would have nailed down a security violation months ago.
The Summary Motion provides one other small clue:
“With respect to the five records identified as responsive to Request No. 1340457, the FBI determined that two of the records should be withheld in full pursuant to Exemption 7(A). These two records are correspondence from the FBI to the Department of State seeking assistance in furtherance of the FBI’s investigation.”
So, we may reasonably conclude that the other matter being investigated involves the State Department, not the intelligence community.
Let me modify what I said in the previous note: Per the documents filed by the DoJ, and the logistics of the case, we can be almost certain that the FBI is not just looking at the emails as a security issue. It is reasonable to assume that they may also be looking into the Clinton Foundation as a possible channel for accepting bribes.
3. The Declaration is found toward the end of the pdf with the Motion, linked in fn2. See paragraph #15 on page 7 of the Declaration.