Election Investigations 1 21 October 2019.

James B. Stewart is nobody’s fool.[1]  His most recent book paws over what is known of the near-simultaneous and mid-election investigations of presidential candidates Hillary Clinton and Donald Trump.[2]

Hillary Clinton had used a private e-mail server for business and personal matters when federal regulations banned that practice.  She then “wiped” the hard-drive, deleting tens of thousands of messages about purely personal matters.[3]  The subsequent FBI investigation concluded that there existed no sign of criminal intent.

However, FBI agents in offices which had previously dealt with the Clintons (Little Rock, New York City) were “hotbeds of anti-Clinton hostility.”  FBI Director James Comey told Attorney General Loretta Lynch that “there is a cadre of senior people in New York who have a deep and visceral hatred of Hillary Clinton.”[4]

The Inspector General of the Justice Department later excoriated Comey for having usurped the authority of the then-compromised Attorney General Lynch.[5]  He had denounced Clinton’s “extremely careless” handling of information.  Then, an unrelated investigation of Congressman Anthony Weiner revealed that his wife, Huma Abedin—Hillary Clinton’s chief aid—had not informed the FBI that she had another computer on which “sensitive” information had been stored.  This had forced Comey to re-open the investigation late in the election.  This may have cost Hillary Clinton the 2016 election.[6]  Arguably, this was a violation of standard operating procedure in the FBI.

Stewart seems to suggest that there are a great many Republicans within the FBI and the Justice Department.[7]  Furthermore, they are motivated by their partisan commitments, rather than by a professional commitment to law enforcement.  “Comey felt bound to appease the Clinton-haters because they refused to accept any process that failed to yield their preferred outcome.”[8]

Exactly why Comey would feel obliged to appease the Clinton-haters is not clearly stated.  Would they leak embarrassing information about Clinton or someone else?  Would they compromise his re-appointment as Director?  Then, Comey seems to have leaked his memos to trigger appointment of a special prosecutor, who turned out to be Robert Mueller, a Republican.  Much remains to be learned.

[1] See: https://en.wikipedia.org/wiki/James_B._Stewart  I wonder if that makes him feel lonely?

[2] James B. Stewart, Deep State: Trump, the FBI, and the Rule of Law (2019).  See the review by Jonathan Chait, “There Are No Winners Here,” NYTBR, 20 October 2019, p.  11.

[3] Apparently, she did NOT transfer this trove of treasured personal communications to an external hard-drive for future reference because she isn’t someone who dwells on the past or retains e-mails from her daughter.

[4] As I understand it, the New York office had wanted to investigate the allegations of influence-peddling suggested in Peter Schweizer, Clinton Cash: The Untold Story of How and Why Foreign Governments and Businesses Helped Make Bill and Hillary Rich (2015).  They were not allowed to do so, probably because the source of the information was a partisan opponent seeking to discover harmful information.  FBI agents in the New York office may have leaked anti-Clinton information to conservative media.

[5] See: https://www.washingtonpost.com/apps/g/page/world/scathing-justice-dept-watchdog-report-rebukes-james-b-comey-cites-major-missteps-by-fbi/2309/

[6] Actually, it is difficult to say exactly what caused Hillary Clinton’s defeat in the election.  See:  Jonathan Allen and Amie Parnes, Shattered: Inside Hillary Clinton’s Doomed Campaign (2017).

[7] So it’s like military service.  Most Democrats will not fight for their country, although Pete Buttigieg and Tulsi Gabbard are exceptions.  For that matter, neither will most Republicans.

[8] Chait, “No Winners.”