Tuesday, November 22, 2016
We have been critical of FBI Director Comey's comments (see here and here) during the email investigations of Hillary Clinton. On a positive note, it was good to see him pull together the FBI for a quick review of Hillary Clinton's emails after his missteps, although this should never have been necessary if commenting during the election had not initially occurred.
But one has to wonder what kind of investigation has been occurring on the overarching problem - email hacking that is reported to be coming from outside the United States that disrupts and influences a U.S. election. (see here) The integrity of elections is crucial and a failure to assure that integrity is maintained is of the utmost importance. So where is FBI Director Comey now, and why are we hearing nothing about this important investigation?
The NYMag.com is reporting here that "academics presented findings showing that in Wisconsin, Clinton received 7 percent fewer votes in counties that relied on electronic-voting machines compared with counties that used optical scanners and paper ballots." In light of prior hacking of the DNC and the release of emails of individuals associated with Hillary Clinton, one would think the FBI would be conducting an immediate investigation to assure voters of the integrity of our election process. So where is FBI Director James Comey now?
Sunday, November 20, 2016
Co-blogger Solomon Wisenberg noted here that "[a]nyone who thinks this will be an easy nomination to put through, because Sessions is a sitting Senator, is in for a big surprise. It will be a bruising battle."
I would add that it just got a whole lot easier for Senator Jeff Sessions, as according to President-Elect Donald Trump's Making News page here - Former Deputy Attorney General Larry Thompson states:
"I can tell you as a friend and someone who has known Jeff Sessions for 32 years that Jeff does not have a racist bone in his body. When I first met Jeff, he was U.S. Attorney in Mobile and I was the U.S. Attorney in Atlanta. In order to stretch our limited per diems on travel to Department of Justice conferences, we often booked single rooms with double beds in hotels. You really get to know a person when you interact so closely with them.
"When I was asked by Attorney General William French Smith to head the Southeastern Organized Crime Drug Enforcement Task Force simply because of my strategic location in Atlanta, a delicate situation was presented. The Task Force consisted of eleven other U.S. Attorney Offices but any potential problem was avoided because Jeff rallied the other U.S. Attorneys around our common cause and my leadership.
"As a former federal prosecutor, Jeff knows the workings of the Justice Department inside and out. He is thoroughly familiar with the legal issues the Department will face. He understands the mission of the Department and will carry out his duties in a professional, thoughtful, and balanced manner. More recently, Jeff voted to confirm President Obama’s choice as Attorney General, Eric Holder.
"By the way, I have been an African American for 71 years and I think I know a racist when I experience one. Jeff Sessions is simply a good and decent man."
Friday, November 18, 2016
Steve Eder, Donald Trump Agrees to Pay $25 Million in Trump University Settlement, NYtimes
Harper Neidig, NY announces $25M settlement in Trump University Case, The Hill
This is according to every news source out there, including the Washington Post. Anyone who thinks this will be an easy nomination to put through, because Sessions is a sitting Senator, is in for a big surprise. It will be a bruising battle.
Tuesday, November 15, 2016
The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and -
(a) That investigation or prosecution of that person or matter by a United States Attorney's Office or litigating Division of the Department of Justice would present a conflict of interest for the Department or other extraordinary circumstances; and
(b) That under the circumstances, it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter.
FBI Director James Comey:
- F for failure to resign in protest when Attorney General Lynch kept the email investigation within the confines of DOJ. If there was ever a case justifiying the appointment of a Special Counsel, this was it. You appointed a Special Counsel to investigate the Plame Email leak when you were Acting Attorney General in the Bush Administration. You should have insisted on the same course of conduct here on threat of resignation. You had the standing and reputation to pull it off. You didn't. You blew it, and later apparently tried to make up for it through your inappropriate prejudicial public pronouncements.
- F for letting Attorney General Lynch off the hook and effectively announcing the non-prosecution recommendation. Prosecutive decisions belong to prosecutors, not FBI agents or FBI officials.
- F for publicly smearing Ms. Clinton while announcing that no charges would be brought against her. If you don't indict, you don't smear, unless you are under a statutory duty to file a report.
- F for answering too many questions about the investigation when appearing before the House Judiciary Committee.
- F for releasing confidential FBI investigative reports to the House.
- F for failure to resign in protest given the kid gloves treatment afforded to Ms. Clinton and her aides during the investigation.
- F for your public announcement 11 days before the election.
Attorney General Loretta Lynch:
- F for failure to appoint a Special Counsel.
- F for your tarmac meeting with former President Bill Clinton.
- F for handing over the prosecutive decision to FBI Director Comey. If you needed to recuse, the final call, at that point in time, should have been made by your Deputy AG Sally Yates.
- A for your four line statement announcing the declination. It is the one thing you got right.
President Barack Obama:
- F for failing to insist that AG Lynch appoint a Special Counsel.
- F for your repeated public statements effectively proclaiming Ms. Clinton's innocence. You interfered with a pending investigation and potentially poisoned the jury pool.
- F for handing out use derivative immunity deals like they were candy and reaping no indictments in return.
- F for allowing Cheryl Mills to attend Ms. Clinton's final interview as one of her attorneys.
- F for not recording Ms. Clinton's interview.
These are preliminary grades, subject to revision as more facts are revealed.