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		<title>Graham opens IG hearing with scathing take on FISA report: The system failed</title>
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		<pubDate>Thu, 12 Dec 2019 09:53:54 +0000</pubDate>
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					<description><![CDATA[<p>&#160;</p>
<p>The post <a href="https://www.garnertedarmstrong.org/graham-opens-ig-hearing-with-scathing-take-on-fisa-report-the-system-failed/">Graham opens IG hearing with scathing take on FISA report: The system failed</a> first appeared on <a href="https://www.garnertedarmstrong.org">Garner Ted Armstrong Evangelistic Association</a>.</p>]]></description>
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<p>&nbsp;</p><p>The post <a href="https://www.garnertedarmstrong.org/graham-opens-ig-hearing-with-scathing-take-on-fisa-report-the-system-failed/">Graham opens IG hearing with scathing take on FISA report: The system failed</a> first appeared on <a href="https://www.garnertedarmstrong.org">Garner Ted Armstrong Evangelistic Association</a>.</p>]]></content:encoded>
					
		
		
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		<title>The 500-Page Inspector General’s Report In 900 Words</title>
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		<dc:creator><![CDATA[Perry Bacon Jr.]]></dc:creator>
		<pubDate>Fri, 15 Jun 2018 12:36:36 +0000</pubDate>
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					<description><![CDATA[<p>The FBI seal. JOSE LUIS MAGANA / AP The long-awaited report by the Justice Department’s inspector general examining the department’s conduct in the Hillary Clinton email investigation came out on Thursday, and, if nothing else, it’s exhaustive. At more than 500 pages, it carefully and meticulously unpacks how organizations and individuals acquitted themselves before and after the...</p>
<p>The post <a href="https://www.garnertedarmstrong.org/the-500-page-inspector-generals-report-in-900-words/">The 500-Page Inspector General’s Report In 900 Words</a> first appeared on <a href="https://www.garnertedarmstrong.org">Garner Ted Armstrong Evangelistic Association</a>.</p>]]></description>
										<content:encoded><![CDATA[<p><img decoding="async" src="https://fivethirtyeight.com/wp-content/uploads/2018/06/AP_18165829000509.jpg?quality=90&amp;strip=info&amp;w=575&amp;ssl=1" alt="Clinton Emails Inspector General" /><br />
The FBI seal. JOSE LUIS MAGANA / AP</p>
<article id="post-184239" class="post-184239 fte_features type-fte_features status-publish has-post-thumbnail hentry tag-2016-election tag-donald-trump tag-fbi tag-hillary-clinton tag-james-comey tag-robert-mueller tag-russia tag-russia-investigation tag-the-trump-administration fte_verticals-politics vertical-politics topic-slug-the-trump-administration">
<div class="entry-content single-post-content">
<p>The <a href="https://www.justice.gov/file/1071991/download">long-awaited report</a> by the Justice Department’s inspector general examining the department’s conduct in the Hillary Clinton email investigation came out on Thursday, and, if nothing else, it’s exhaustive. At more than 500 pages, it carefully and meticulously unpacks how organizations and individuals acquitted themselves before and after the 2016 election. Of course, very quickly, much of the nuance was stripped out; interested parties — <a href="https://twitter.com/realDonaldTrump/status/1007577375905861637">President Trump</a>, <a href="https://www.realclearpolitics.com/video/2018/06/14/nunes_on_strzok_text_how_could_that_have_possibly_been_redacted_classic_case_of_obstruction.html">his supporters</a>, <a href="https://www.nytimes.com/2018/06/14/opinion/comey-clinton-inspector-general.html">former FBI Director James Comey</a> — all found in the report plenty of ammunition to load the gun they were already holding. Cherrypicking aside, however, the report did come to some conclusions.</p>
<p>So let’s look at the legal, policy and political implications of the report but also try to keep the nuance while losing some of the complexity (and adding some brevity). Here are four key takeaways from those 500+ pages in about 900 words. (Note: The report is overwhelmingly about the Justice Department’s and the FBI’s conduct in the Clinton email probe, <i>not</i> the investigations surrounding Trump or his campaign’s alleged connections to Russia. Inspector General Michael Horowitz is <a href="https://www.cnn.com/2018/03/28/politics/doj-inspector-general-fbi-surveillance-abuses/index.html">now looking into elements</a> of the Trump investigation.)</p>
<p><b>1. Comey looks bad procedurally but </b><b><i>not</i></b><b> legally</b></p>
<p>The report is most conclusive on two issues: the conduct of Comey and former Attorney General Loretta Lynch, and the Justice Department’s decision not to charge Clinton with any crime as part of its investigation into her use of <a href="https://www.cbsnews.com/news/what-you-may-have-forgotten-about-the-hillary-clinton-email-controversy/">a private email server</a>. Let’s take those in reverse order.</p>
<p>The report does not directly affirm the decision not to charge Clinton,<a class="espn-footnote-link" style="box-sizing: border-box; text-rendering: optimizeLegibility; margin: 0px; padding: 0px; border: 0px; font: inherit; vertical-align: baseline; color: #008fd5; text-decoration: none; position: relative;" href="https://fivethirtyeight.com/features/the-500-page-inspector-generals-report-in-900-words/#fn-1" data-footnote-id="1" data-footnote-content="&lt;p&gt;The inspector general seems to think that kind of decision is ultimately up to prosecutors.&lt;/p&gt;
"><sup id="ss-1">1</sup></a> but it does say that it was <i>not</i> motivated by any kind of improper political bias among Justice Department officials. That squarely rebuts <a href="https://www.washingtonexaminer.com/trump-calls-jeff-sessions-very-weak-on-clinton-crimes">Trump’s suggestion</a> that Justice Department and FBI officials like Comey were soft in pursuing allegations against Clinton for political reasons.</p>
<p>At the same time, the report comes down hard on Comey in two areas. First, it suggests that the process that led to the director’s public comments on the Clinton email case in <a href="https://www.nytimes.com/2016/07/06/us/politics/hillary-clinton-fbi-email-comey.html">July 2016</a> (slamming Clinton’s email use but saying that it was not a crime) and <a href="https://www.cnn.com/2017/10/28/politics/james-comey-clinton-letter-one-year/index.html">October 2016</a> (announcing that the investigation would be re-opened because of some emails found on the computer of Anthony Weiner, the husband of <a href="https://pagesix.com/2018/01/10/huma-abedin-and-anthony-weiner-call-off-divorce/">top Clinton aide Huma Abedin</a>) were problematic. Making those comments without consulting Lynch and other top Justice Department officials was outside of department norms, the report concludes. Secondly, the report says that Comey himself was using a personal email account to conduct some government business, both violating department protocol and taking what appears to be a hypocritical action, considering that the Clinton probe in part involved her use of non-government email when she was secretary of state.</p>
<p>Finally, Lynch is criticized for her handling of a June 2016 tarmac meeting with former President Bill Clinton; the inspector general suggests that she should have avoided it (although the report concludes that Lynch and Clinton did not discuss the email investigation). The inspector general also found that Lynch did not adequately manage Comey and the investigation; as <a href="https://www.lawfareblog.com/nine-takeaways-inspector-generals-report-clinton-email-investigation">Lawfare put it</a>, the report found that “at key moments, the problem was not that Comey chose to disobey direct orders but, rather, that he did not have any direct orders to obey.”</p>
<p><b>2. The FBI looks bad politically but </b><b><i>not</i></b><b> legally</b></p>
<p>Remember, this was largely a probe of how the FBI handled the Clinton investigation, not the Trump one. That said, the report highlights some problematic behavior by FBI officials that could hurt the bureau’s credibility in the Russia probe. It has <a href="https://www.washingtonpost.com/world/national-security/two-senior-fbi-officials-on-clinton-trump-probes-exchanged-politically-charged-texts-disparaging-trump/2017/12/02/9846421c-d707-11e7-a986-d0a9770d9a3e_story.html?utm_term=.6285bc54de1e">long been known</a> that two FBI officials, Lisa Page and Peter Strzok, sent some anti-Trump text messages to each other in 2016. This was significant because Page was on the team investigating Clinton and (later) the Trump-Russia probe, which Strzok was leading for a time.<a class="espn-footnote-link" style="box-sizing: border-box; text-rendering: optimizeLegibility; margin: 0px; padding: 0px; border: 0px; font: inherit; vertical-align: baseline; color: #008fd5; text-decoration: none; position: relative;" href="https://fivethirtyeight.com/features/the-500-page-inspector-generals-report-in-900-words/#fn-2" data-footnote-id="2" data-footnote-content="&lt;p&gt;Page and Strzok were reportedly romantically involved.&lt;/p&gt;
"><sup id="ss-2">2</sup></a></p>
<p>The IG report includes a previously unknown text-message exchange between the two that has already become <a href="https://www.nationalreview.com/news/peter-strzok-text-well-stop-trump-becoming-president/">political fodder for the right</a>. In a message on Aug. 8, 2016, Page wrote, “[Trump’s] not ever going to become president, right? Right?!” And Strzok responded, “No. No he’s not. We’ll stop it.”</p>
<p>Strzok told investigators that he did not mean he would use the investigation to block Trump from winning, but rather that he was trying to assure Page that Trump would not win. And overall, as noted above, the inspector general did not conclude that the Justice Department’s probe was biased toward helping Clinton or hurting Trump. So, on substance, the investigation’s integrity was reaffirmed, but that won’t prevent Trump from using that text message to argue that it wasn’t.</p>
<p>That and the damage this report does to Comey’s reputation will help Trump <a href="https://www.cnn.com/2018/04/27/politics/trump-james-comey-classified-information/index.html">in continuing to cast</a> the former FBI chief as a villain and the <a href="https://twitter.com/realDonaldTrump/status/1007577375905861637">FBI as tarnished</a>. But that’s a question of politics, not substance.</p>
<p><b>3. The report is vindication for Clinton</b><b></b></p>
<p>The report all but says that Comey was wrong to go public in the ways he did in the Clinton investigation in 2016. This is basically what Clinton <a href="https://www.nytimes.com/2016/11/13/us/politics/hillary-clinton-james-comey.html">has long argued</a>. The report also basically confirms that she should not have been charged with any crime for email use. Of course, that doesn’t undo Comey’s actions, which <a href="https://fivethirtyeight.com/features/the-comey-letter-probably-cost-clinton-the-election/">may have cost Clinton the election</a>. But still.</p>
<p><b>4. The report doesn’t mean much for the Russia probe — and that’s what really matters now</b></p>
<p>The inspector general’s report doesn’t undermine the Russia investigation — not on substance, at least. Strzok was <a href="https://www.washingtonpost.com/world/national-security/two-senior-fbi-officials-on-clinton-trump-probes-exchanged-politically-charged-texts-disparaging-trump/2017/12/02/9846421c-d707-11e7-a986-d0a9770d9a3e_story.html?utm_term=.fbc9d3fb3f96">removed last summer from the Russia team</a>, which by then was being led by special counsel Robert Mueller, in part because of the discovery of some of these text messages. So Strzok wasn’t a big part of <a href="https://fivethirtyeight.com/features/how-muellers-first-year-compares-to-watergate-iran-contra-and-whitewater/">the string of indictments</a> that Mueller made over the last year. And little in the inspector general’s report focuses specifically on Mueller, in part because this is largely a report about Justice Department actions during 2016, well before the special counsel was appointed.</p>
<p>Comey could be a witness in <a href="https://www.vox.com/world/2018/1/10/16855518/trump-mueller-obstruction-case-strong">an obstruction of justice charge against Trump</a>that stems from the president’s dismissal of the FBI director in what Trump suggested was <a href="https://www.cnn.com/2017/05/12/politics/trump-comey-russia-thing/index.html">a move to end the Russia investigation</a>. And perhaps this report dings Comey’s credibility. But I doubt that Mueller will push an obstruction charge based solely on the words of Comey. And the inspector general, if anything, was attacking Comey for being too candid.</p>
<p>We already knew that legal experts found Comey’s moves in 2016 <a href="https://www.nytimes.com/2016/07/06/us/james-comey-fbi-hillary-clinton-email-investigation.html">to be kind of dumb</a> and that some FBI agents had a low opinion of Trump. So while the inspector general’s report is important and newsworthy, it’s not particularly surprising. And it doesn’t really change anything right now. We are really still waiting on Mueller and what his investigation concludes.</p>
</div>
</article>
<div class="mini-bio">
<p>Perry Bacon Jr. is a senior writer for FiveThirtyEight.</p>
<hr />
<p>Source: <a href="https://fivethirtyeight.com/features/the-500-page-inspector-generals-report-in-900-words/" target="_blank" rel="noopener">https://fivethirtyeight.com/features/the-500-page-inspector-generals-report-in-900-words/</a></p>
[<a href="https://www.garnertedarmstrong.org/news/disclaimer/" target="_blank" rel="noopener">Disclaimer</a>]
</div><p>The post <a href="https://www.garnertedarmstrong.org/the-500-page-inspector-generals-report-in-900-words/">The 500-Page Inspector General’s Report In 900 Words</a> first appeared on <a href="https://www.garnertedarmstrong.org">Garner Ted Armstrong Evangelistic Association</a>.</p>]]></content:encoded>
					
		
		
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		<title>Commentary: Justice Department to Comey: You sinned</title>
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		<dc:creator><![CDATA[Noah Feldman]]></dc:creator>
		<pubDate>Sun, 17 Jun 2018 17:19:22 +0000</pubDate>
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					<description><![CDATA[<p>Blame Comey. That&#8217;s the main takeaway of the much-awaited Justice Departmentinspector general&#8217;s report on the Hillary Clinton email investigation. The report faulted former FBI Director James Comey both for saying in July 2016 that there were no grounds for a reasonable prosecutor to go after Clinton and for saying in October of that year that the investigation of her...</p>
<p>The post <a href="https://www.garnertedarmstrong.org/commentary-justice-department-to-comey-you-sinned/">Commentary: Justice Department to Comey: You sinned</a> first appeared on <a href="https://www.garnertedarmstrong.org">Garner Ted Armstrong Evangelistic Association</a>.</p>]]></description>
										<content:encoded><![CDATA[<p>Blame <a id="PEGPF00193" title="James Comey" href="http://www.chicagotribune.com/topic/politics-government/james-comey-PEGPF00193-topic.html">Comey</a>. That&#8217;s the main takeaway of the much-awaited <a id="ORGOV0000160" title="U.S. Department of Justice" href="http://www.chicagotribune.com/topic/crime-law-justice/u.s.-department-of-justice-ORGOV0000160-topic.html">Justice Department</a>inspector general&#8217;s report on the Hillary Clinton email investigation. The report faulted former <a id="ORGOV000008" title="FBI" href="http://www.chicagotribune.com/topic/crime-law-justice/fbi-ORGOV000008-topic.html">FBI</a> Director James Comey both for saying in July 2016 that there were no grounds for a reasonable prosecutor to go after Clinton and for saying in October of that year that the investigation of her emails had been reopened.</p>
<p>The report released Thursday is intended to rebuke Comey and send a message about keeping the rule of law separate from politics.</p>
<p>Comey has said that he had no choice but to act as he did under the circumstances, and that he would do it again.</p>
<p>The inspector general, speaking as the disembodied voice of an independent entity within a Justice Department that is also supposed to be independent, is directly refuting Comey&#8217;s argument. Comey should not have broken the rules the first time, in discussing the Clinton email investigation publicly. Doing so led him to the second infraction — the one that harmed Clinton&#8217;s chances at the presidency.</p>
<p>The report says that there&#8217;s no evidence that Comey was motivated by partisan support for either side. But that doesn&#8217;t matter for the main point of the report, which is that Comey should have followed the rules and kept his mouth shut. If he had, he would have avoided putting the Justice Department into the political mess from which it has not yet emerged.</p>
<p>The principle at stake here is that law enforcement and prosecution are supposed to be outside partisan politics. This is one of the most important unwritten constitutional norms we have.</p>
<p>Other democracies try to separate law enforcement from politics by creating formally independent police and prosecutors. We haven&#8217;t chosen to do that, and even if we tried, it would be tricky, because the Constitution creates an executive branch but doesn&#8217;t provide for independent law enforcement or prosecution.</p>
<p>Instead, we try to assure law enforcement independence from politics and safeguard the rule of law by powerful norms. One of these is that law enforcement shouldn&#8217;t comment on ongoing investigations — especially when they are about politicians running for office.</p>
<p>Even before he became president, Donald Trump wanted to break the unwritten norm against politicization. He made that clear by leading chants of &#8220;lock her up&#8221; and by saying in the presidential debates that he would try to prosecute Clinton if he won.</p>
<p>Faced with a challenge to the nonpoliticization norm, Comey tried to fight back with his July 2016 statement. His implicit logic was that Trump was using the email investigation to taint Clinton. Comey&#8217;s statement was an attempt to stop that by saying there wasn&#8217;t going to be a prosecution.</p>
<p>That impulse seems to have come from purely professional motives and from the desire to protect law enforcement from being politicized. But the inspector general condemns it anyway — because in breaking the unwritten rules, it was a step toward politicization.</p>
<p>The report notes that in the July statement, Comey said no reasonable prosecutor would have gone after Clinton based on the evidence. The report makes it clear that Comey did not consult with the Department of Justice before making his statement. The report further says that Comey should have taken his statement to the attorney general before making it. After all, Comey wasn&#8217;t then a prosecutor — he was FBI director, which meant he was only in charge of investigations, not prosecutions. The report says this action of Comey&#8217;s was &#8220;insubordinate. &#8221;</p>
<p>This infraction might sound minor, because Comey was also a career prosecutor. But it isn&#8217;t. It&#8217;s the voice of the Department of Justice saying that all the rules need to be followed, including the one that says the director of the FBI is answerable to the attorney general when it comes to prosecutions. That&#8217;s how the rule of law gets justified and normalized.</p>
<p>Once Comey had gone on record once, he had to do it again when the Anthony Weiner investigation seemed to reveal more Clinton emails. This, too, was likely an act aimed at avoiding politicization. Comey thought Clinton would win, and didn&#8217;t want it said that he had withheld the fact of the reopening the investigation after he had publicly said there was nothing worth prosecuting.</p>
<p>The IG report makes it clear that this was no excuse. Comey was again breaking the rules. And in a rule-of-law system, the rules are everything.</p>
<p>The upshot is that the inspector general&#8217;s report is the voice of genuine independence — speaking about the danger of being so independent-minded that you break the norms, the way Comey did.</p>
<p>To a law enforcement professional like Comey, it&#8217;s as close to the voice of God as a human institution can be.</p>
<p>And its message to Comey is, &#8220;Son of man, you have sinned.&#8221;</p>
<p>Comey responded Thursday in an op-ed article in The New York Times, in which he defends himself, but deep down he must get the message. The person who enforces the rules should be extra careful not to break any.</p>
<p>I&#8217;ll leave the politics to others to analyze the fallout. But from the standpoint of the norm against politicizing prosecutions and the rule of law, the report speaks loud and clear:</p>
<p>Don&#8217;t break the rules — any of them — if you are the nation&#8217;s chief law enforcement official. Sin leads to sin. Politics breeds politics.</p>
<p>It&#8217;s a lesson we are now all learning the hard way.</p>
<p><em>Bloomberg</em></p>
<p><em>Noah Feldman, a Bloomberg View columnist, is a professor of constitutional and international law at Harvard University and was a clerk to U.S. Supreme Court Justice David Souter.<br />
</em></p>
<hr />
<p>Source: <a href="http://www.chicagotribune.com/news/opinion/commentary/ct-perspec-comey-justice-department-investigation-hillary-clinton-emails-0618-story.html" target="_blank" rel="noopener">http://www.chicagotribune.com/news/opinion/commentary/ct-perspec-comey-justice-department-investigation-hillary-clinton-emails-0618-story.html</a></p>
[<a href="https://www.garnertedarmstrong.org/news/disclaimer/" target="_blank" rel="noopener">Disclaimer</a>]<p>The post <a href="https://www.garnertedarmstrong.org/commentary-justice-department-to-comey-you-sinned/">Commentary: Justice Department to Comey: You sinned</a> first appeared on <a href="https://www.garnertedarmstrong.org">Garner Ted Armstrong Evangelistic Association</a>.</p>]]></content:encoded>
					
		
		
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