May 12, 2017

WHY HE SHOULD HAVE BEEN FIRED:

The Problems With The FBI's Email Investigation Went Well Beyond Comey (Pro Publica, May 12, 2017)

[B]y the time Comey elected, on Oct. 28, to speak, rather than conceal, he and his senior aides had actually known for more than three weeks that agents sifting through files on a laptop belonging to the former congressman Anthony Weiner, as part of a sex-crimes investigation, had stumbled across emails sent by Clinton when she was secretary of state. The agents had been unable, legally, to open the emails, because they fell outside the bounds of their investigation of Weiner.

FBI officials kept the discovery to themselves. Without consulting or even informing the Justice Department lawyers who had worked on the email inquiry, FBI officials concluded that they lacked the evidence to seek a search warrant to examine the emails right away. Several legal experts and Justice Department officials I spoke to now say that this conclusion was unnecessarily cautious. FBI officials also ruled out asking Weiner or his wife, Huma Abedin, one of Clinton's closest aides, to allow access to the laptop -- permission their lawyers told me they would have granted.

Instead, New York agents working the Weiner investigation, which centered on allegations of an explicit online relationship with a 15-year-old girl, were told to continue their search of his laptop as before but to take note of any additional Clinton emails they came across.

In the days that followed, investigators slowly sorted through the laptop's contents, following standard protocols in a case that was anything but standard, and moving with surprisingly little dispatch to assess the significance of the emails.

After weeks of work, the agents concluded that the laptop contained thousands of Clinton messages, a fact they waited at least three more days to share with Comey. Finally, as Comey recounted before Congress last week, the FBI director convened his top aides in his conference room at Bureau headquarters to weigh the political and institutional consequences of what to do next.

At this point, Comey and his deputies were venturing far beyond their typical purview as criminal investigators. Under normal circumstances, department policies discouraged public discussion of developments in ongoing cases of any kind; with the election fast approaching, there was the added sensitivity of avoiding even the perception of interference with the political process. But FBI officials worried that agents in New York who disliked Clinton would leak news of the emails' existence. Like nearly everyone in Washington, senior FBI officials assumed that Clinton would win the election and were evaluating their options with that in mind. The prospect of oversight hearings, led by restive Republicans investigating an FBI "cover-up," made everyone uneasy.

One more misjudgment informed Comey's decision. FBI officials estimated that it would take months to review the emails. Agents wound up completing their work in just a few days. (Most of the emails turned out to be duplicates of messages collected in the previous phase of the Clinton investigation.) Had FBI officials known that the review could be completed before the election, Comey likely wouldn't have said anything before examining the emails. Instead, he announced that nothing had changed in the Clinton case -- on Nov. 6, just two days before the election, and after many millions had already cast their ballots in early voting.

Posted by at May 12, 2017 3:38 PM

  

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