I am going to give you the scenario for the downfall of FBI Director Jim Comey differently from any you will see on TV.
Some time back, I sat down with a retired lawyer with whom I am close, a lawyer with 40 years of experience on both sides of FBI “investigations.” I asked him what he thought of Comey and the FBI Clinton Email Investigation.
I was shocked when he told me that the “investigation” was nothing but a farce and a mockery of justice. He explained that Comey’s extraordinary public behavior last July
was not the most extraordinary thing about the Clinton email investigation. If you recall, that’s when he held his unprecedented press conference and announced that “he” would not be prosecuting Hillary, then proceeded to accuse her of a laundry list of felonies.
My lawyer friend observed that the most extraordinary thing was that no federal Grand Jury – the primary and most important investigative tool of the FBI – was ever convened in aid of the investigation
He explained that it is through a Grand Jury, appointed by a U.S. District Court Judge, that subpoenas for documents and records are issued and their production compelled, and witnesses are compelled to submit to questioning before the Grand Jury without benefit of a lawyer.
Government Prosecutors run the Grand Jury proceedings without any opposition or interference, and the decision to indict or charge anyone with a crime is up to the members of the Grand Jury. Without a Grand Jury, FBI “investigators” are limited to evidence that can be obtained by asking someone nicely or evidence that basically falls into their laps.
The problem with the current narrative is that empaneling a Grand Jury was not Comey’s call, it was Loretta Lynch’s. So, here is what I say is the most likely scenario leading to the fall of Jim Comey…
The Clinton email scandal erupted in March 2015 as a result of hearings before the House Select Committee on Benghazi and, later, a lawsuit brought by Judicial Watch to obtain Clinton’s emails through the Freedom of Information Act.
What started as a dribble of alarming information about Clinton’s use of a “personal” server for “government” business was just beginning to gush when Lynch, another Obama stooge, was confirmed to replace Eric Holder as Attorney General in April 2015.
The controversy could not be contained and was rapidly growing out of control. Stonewalling by Obama’s State Department and Hillary’s lame denials were just making matters worse. In July 2015, the State Department’s Inspector General discovered and had to disclose that emails stored on Clinton’s unsecured “personal” server, contrary to her public statements, contained “classified” material and made a “referral” to the FBI, which is how FBI investigations get started.
Enter Jim Comey. Comey is not stupid. Neither is he corrupt nor dishonest. He takes one look at the smoking pile of manure that has Hillary’s emails on top and the Clinton Foundation on the bottom and knows exactly where things are headed.
The first thing Comey does is ask Lynch to get him a Grand Jury, and Lynch tells him… NO. Now, THAT is unprecedented! Comey is now a one-legged man in a butt-kicking contest. Comey should have resigned right then and there, and blown the whistle on Lynch and Obama. Instead he deluded himself into thinking he could still find a pony in there somewhere and felt a duty and obligation to look.
With his hands tied behind his back, he resorts to various questionable tactics, like granting immunity to Hillary cronies (with or without Lynch’s approval), and still manages to come up with a whole basketful of makeable cases related to the original “referral” from the State Department.
But he has no Grand Jury to consider indictments. He has no “referral” concerning the Clinton Foundation, which he wouldn’t have needed if evidence of corruption at the Clinton Foundation had come up in the course of a Grand Jury investigation of the classified emails.
So, in July 2016, Comey goes back to Lynch and says, “Here are a bunch of ‘locked’ cases on the classified emails, what do I do now?” And she says… “NOTHING.”
Now, Comey could have just crawled back into his hole and waited for Hillary to take office and snuggled down in that big pile of manure with Obama and everyone else. But I think he knew it was likely to explode, no matter how hard they tried to keep that from happening.
So, knowing he is probably a dead man either way, he holds his press conference. Lynch and the DOJ have made it abundantly clear to him that THERE. WILL. BE. NO. CLINTON. PROSECUTION. It was entirely Lynch’s (and, therefore, Obama’s) call.
What he should have done at this press conference was tender his resignation and tell the country why. The outcome would have been the same. Instead, perhaps from some misplaced sense of loyalty or duty to the FBI, or in the mistaken belief he could somehow come through it all, he takes it all on himself, saying that “he” will not “recommend prosecution,” when it was never up to him in the first place. He then proceeds to convict Hillary in the Court of Public Opinion.
Bad call. Now he pays. Hillary and Obama are still out there mouthing and motating.