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think

(11,641 posts)
Thu Apr 28, 2016, 08:55 AM Apr 2016

DOJ Claims Revealing FBI Declaration Will Jeopardize Clinton Email Investigation

DOJ Claims Revealing FBI Declaration Will Jeopardize Clinton Email Investigation

by Rachel Stockman | 7:35 pm, April 27th, 2016

Attorneys with the U.S. Department of Justice say they cannot make public a classified FBI declaration because it would “adversely affect the ongoing investigation” into Hillary Clinton‘s private email server. The recent filing by DOJ attorneys, obtained by LawNewz.com, is significant because it not only acknowledges the ongoing federal probe, but also asserts that if the declaration is made public, it could “reasonably be expected to interfere with enforcement proceedings.”

The DOJ’s memorandum is part of a FOIA lawsuit that was originally filed in federal court by Vice News reporter Jason Leopold. Leopold is seeking Clinton’s emails that the DOJ obtained from her private server. He is also seeking correspondence between the FBI and Clinton referencing the Clinton email server.

In March, the government filed a motion for summary judgement in the case, and incorporated this classified declaration as one of the supporting documents. Leopold’s attorneys argued that the declaration should be made public, or the DOJ should show cause for why it must be kept secret. On Tuesday, DOJ attorneys filed an memorandum in opposition to plaintiff’s motion to show cause.

The DOJ says in its filing:

Records responsive to Plaintiff’s request that are subject to FOIA relate to a pending investigation. The FBI has stated publicly that it received and “is working on a referral [from] Inspectors General in connection with former Secretary of State Clinton’s use of a private email server. The FBI therefore submitted a classified in camera, ex parte declaration to provide the Court with additional details to demonstrate that responsive information was properly withheld, and explained on the public record that this was the purpose of the in camera declaration.


Read more:
http://lawnewz.com/important/doj-claims-unsealing-fbi-declaration-could-jeopardize-clinton-email-investigation/
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DOJ Claims Revealing FBI Declaration Will Jeopardize Clinton Email Investigation (Original Post) think Apr 2016 OP
"Keep hope alive." DemocratSinceBirth Apr 2016 #1
Drips FreakinDJ Apr 2016 #28
Make that your mantra. frylock Apr 2016 #46
SMH DemocratSinceBirth Apr 2016 #50
That indicment certainly isn't going to help yours. frylock Apr 2016 #62
I am cray cray... DemocratSinceBirth Apr 2016 #66
Hey, but as long as she gets the title of First Woman President, it's all good, amirite? frylock Apr 2016 #119
Yeah, mostly from your side from what I'm hearing. nolawarlock Apr 2016 #120
Karl Rove, all the pricks on the Benghazi committee are laughing their asses of. Jackie Wilson Said Apr 2016 #52
There is nothing you wrote any rational person could disagree with. DemocratSinceBirth Apr 2016 #54
Why do you keep lying and claiming this has anything to do with Benghazi? Kentonio Apr 2016 #71
“is working on a referral Inspectors General in connection with former Secretary of State Clinton’s leveymg Apr 2016 #2
"...in connection with..." does not equate to Clinton being a target. randome Apr 2016 #5
You are a good wishful thinker and very loyal to Hillary. You will be rewarded leveymg Apr 2016 #11
I don't even like Clinton. Said so from way back. randome Apr 2016 #16
She's not even the nominee yet, and is unlikely to be. leveymg Apr 2016 #20
Unlikely to be the nominee? Have you been asleep for a few weeks? brush Apr 2016 #55
What do you think happens to her delegates if the FBI report finds she violated her security oath? leveymg Apr 2016 #58
Keep praying. The DOJ would have to go against too many powerful forces . . . brush Apr 2016 #65
An indictment is beside the point. The FBI Report is likely to find she violated her security oath. leveymg Apr 2016 #73
It won't happen. The FBI is part of the DOJ, headed by Lorretta Lynch, an Obama appointee. brush Apr 2016 #79
Are you reading what you write??? angrychair Apr 2016 #86
Don't you get it by now? The alleged email issue is another Benghazi-like repug pushed faux-scandal brush Apr 2016 #88
No, it's not angrychair Apr 2016 #91
"I don't care about your damn emails". brush Apr 2016 #93
This beltanefauve Apr 2016 #90
I think you're going to be very very disappointed. joshcryer Apr 2016 #32
Yup! That server will be indicted any moment now. nt NWCorona Apr 2016 #15
"We'd like to ask you a few questions." randome Apr 2016 #19
That was pretty funny NWCorona Apr 2016 #21
It specifically says in connection with *her* use. I might agree with you if it merely said JudyM Apr 2016 #31
Every word has a meaning in court filings, even if some would prefer to pick and choose. leveymg Apr 2016 #42
Every word in a public DOJ statement about an ongoing investigation/referral would certainly JudyM Apr 2016 #44
Now In Plain English - What Does All This Mean?.....nt global1 Apr 2016 #3
Don't know....but, maybe something to do with this? KoKo Apr 2016 #8
I like how lawnewz references their own founder as a corroborative source. randome Apr 2016 #9
was an independent investigator ever established for the State Dept? Didn't HRC oppose that? amborin Apr 2016 #34
State Department was Missing Top Oversite (IG) During Her Time as SOS KoKo Apr 2016 #82
that's what I thought; thanks! amborin Apr 2016 #85
You are Welcome! KoKo Apr 2016 #87
The DOJ is refusing to release a document via FOIA as it may interfere with the FBI case into think Apr 2016 #10
If "exculpatory" evidence came out that would also hurt their investigation. joshcryer Apr 2016 #33
Now who's engaging in conspiracy theories? Marr Apr 2016 #39
The cluelessness is astounding. joshcryer Apr 2016 #100
That is correct. It is significant for 2 reasons. JudyM Apr 2016 #35
Yes, the DOJ's use of the word "referral" stands out for me, as well. leveymg Apr 2016 #53
are you thinking there's a fix in... grasswire Apr 2016 #60
Yep. If the FBI determines a crime has been committed, that will be in the news. BillZBubb Apr 2016 #103
my question about this grasswire Apr 2016 #61
A "referral" is the case that the substantive responsibility unit (here, FBI) puts together for DOJ JudyM Apr 2016 #70
Are the Inspectors General part of the FBI? antigop Apr 2016 #76
No. Each agency has an IG. In this case, it was CIA and Intelligence Community IGs who first made leveymg Apr 2016 #77
but if you go back and read what it said about the referral, it indicates the referral is from antigop Apr 2016 #81
The referrals all originate with the agencies that issued the classified documents found by them leveymg Apr 2016 #98
ok, thanks. nt antigop Apr 2016 #99
So, you see, the AG has to make a decision based upon multiple agency referrals in this case. leveymg Apr 2016 #101
"she becomes unviable as a candidate" antigop Apr 2016 #104
She becomes unviable as a candidate if there is a finding she violated her security agreement. Game leveymg Apr 2016 #107
Makes you respect Bernie a bit more, no? Barack_America Apr 2016 #110
Yes. grasswire Apr 2016 #113
Yes, all the more. leveymg Apr 2016 #118
Good question, I am not certain about that. Generally all federal agencies have their own IG. JudyM Apr 2016 #78
Thank you for the reply. I missed it in a flurry of responses. I appreciate the clarification... think Apr 2016 #80
sounds like they're just tired of the gop foia fishing.... artyteacher Apr 2016 #4
+ 1 JoePhilly Apr 2016 #6
The Judge wouldn't have granted Discovery if this was a partisan fishing expedition. Sorry. leveymg Apr 2016 #12
The fact that they would be tired has no bearing on this matter. NWCorona Apr 2016 #17
The DoJ would not have offered immunity to Pagliano Land of Enchantment Apr 2016 #40
The FOIA request came from a journalist. Not the GOP. nt vintx Apr 2016 #43
Tick tock BSers trumad Apr 2016 #7
In the words of one of the federal judges working this case, "Drip, drip." He said it first. leveymg Apr 2016 #13
What is the name of the Federal Judge who said drip drip trumad Apr 2016 #24
Judge Emmet G. Sullivan leveymg Apr 2016 #45
DRIPGHAZI!!! frylock Apr 2016 #48
Judge Sullivan's DC District Court bio. leveymg Apr 2016 #67
Keep whistling past that graveyard... Yurovsky Apr 2016 #14
Post removed Post removed Apr 2016 #18
I highly encourage you to keep posting this shit trumad Apr 2016 #26
Some people just can't stand the sight of Hillary in colored pantsuits. ;-) leveymg Apr 2016 #47
How the fuck was that post hidden? frylock Apr 2016 #51
Oh so Hillary in an Orange jumpsuit is ok here at DU trumad Apr 2016 #59
It was a pantsuit. frylock Apr 2016 #68
Err, you know those were her actual clothes right? Kentonio Apr 2016 #72
^^^ grasswire Apr 2016 #64
We can see your transparency page angrychair Apr 2016 #89
Here's the thing... trumad Apr 2016 #92
15 people were convicted in Whitewater but no idea how many were IdaBriggs Apr 2016 #23
I so can't wait until Skinner nukes this shit from this site. trumad Apr 2016 #25
Relax, trumad, what will be, will be. Take a deep breath. nm floriduck Apr 2016 #36
Let's just ignore FBI investigations into our candidates. That makes sense.... think Apr 2016 #41
.. frylock Apr 2016 #49
I wonder if she will get laundry duty.... grasswire Apr 2016 #63
OTOH, Hillary's sense of entitlement.. grasswire Apr 2016 #109
I was wondering how this case was progressing. Anyone have any idea when IdaBriggs Apr 2016 #22
Any second!!!!! JoePhilly Apr 2016 #27
See post #10. KoKo Apr 2016 #29
You should toss a few more coins in the indictment fairy fountain. JTFrog Apr 2016 #37
See post #35. DOJ's statement clears a couple things up. JudyM Apr 2016 #38
looking like that one might be a tie. In which case, he's hooped. floppyboo Apr 2016 #75
It's starting to smell a lot like Fitzmas. GeorgeGist Apr 2016 #30
Fitzmas was an independent council - this is the FBI. BIG DIFFERENCE!! n/t FourScore Apr 2016 #69
Yes. The FBI can't indict. An independent prosecutor can impanel a grand jury and can. DemocratSinceBirth Apr 2016 #74
what a mess. Hiraeth Apr 2016 #56
so she's being federally probed? not security reviewed? wendylaroux Apr 2016 #57
It's been a criminal investigation from day one. IdaBriggs Apr 2016 #84
But, "I'm not a crook!" will make one helluva bumper sticker. Tierra_y_Libertad Apr 2016 #83
Just be patient! The indictment will be released in 24 business hours. tritsofme Apr 2016 #94
it could “reasonably be expected to interfere with enforcement proceedings.” antigop Apr 2016 #95
Ya. Those words were chosen very carefully I'm sure.. think Apr 2016 #96
"don't alert anyone when we send the patrol cars out" IOW? MisterP Apr 2016 #105
yes, what exactly does that mean? nt grasswire Apr 2016 #108
I don't know for sure but it kind of sounds like they are beyond the investigative phase??? nt antigop Apr 2016 #111
okay, run this by and see what you think grasswire Apr 2016 #112
this is what I found and I know nothing about this website, so take it for what it's worth. antigop Apr 2016 #114
veddy interesting. Let's poke around more. nt grasswire Apr 2016 #115
thought you might like to see this if you haven't seen it. antigop Apr 2016 #116
K & R AzDar Apr 2016 #97
I doubt that she will be indicted, but it would be awesome if she were. Vattel Apr 2016 #102
So you think the government will cover up a crime? Threebolo Apr 2016 #117
Hillary should tell them to "cut it out". nt NorthCarolina Apr 2016 #106
Clinton E-Mail Probe Would Be Hurt by a Deadline, Lynch Says antigop Apr 2016 #121

DemocratSinceBirth

(99,710 posts)
50. SMH
Thu Apr 28, 2016, 12:39 PM
Apr 2016
2000 or more total posts: +20
200 or more days of membership: +20
20 or more posts in the last 90 days: +20
Star member: +40
9 posts hidden in 90 days: -180
TOTAL: 0

Detailed explanation | Close







SMH

Make that your mantra.

Stick a fork in her.

-frylock



Even an indictment won't help your flailing candidate.



frylock

(34,825 posts)
62. That indicment certainly isn't going to help yours.
Thu Apr 28, 2016, 12:54 PM
Apr 2016

Did you even bother to look at some of those hidden posts? "This is why nobody takes your Party seriously." gets your post hidden these days. Wondering if John Lewis may be suffering from CTE gets your post hidden these days. Calling Bill Clinton a dick gets your post hidden these days. Granted, some of those later posts DID deserve hides, and I posted them knowing full well that they would, but that was after I developed a FTW attitude. But thanks for highlighting the obvious alert stalking that has been taking place here over the last year.

DemocratSinceBirth

(99,710 posts)
66. I am cray cray...
Thu Apr 28, 2016, 12:56 PM
Apr 2016

Last edited Fri Apr 29, 2016, 07:23 AM - Edit history (2)

That indicment (sic) certainly isn't going to help yours.



I am cray cray and in that vein I am willing to bet my pinkie finger Hillary Clinton isn't indicted. Loser lobs it off. It's a pipe dream, a farce, a Republican wet dream. At the glacial pace this investigation is proceeding the FBI will release its final report some time after Hillary Clinton is inaugurated.

Jackie Wilson Said

(4,176 posts)
52. Karl Rove, all the pricks on the Benghazi committee are laughing their asses of.
Thu Apr 28, 2016, 12:41 PM
Apr 2016

Now they have been helped tremendously by the thousands of alleged liberals who spread their bullshit endlessly.

 

Kentonio

(4,377 posts)
71. Why do you keep lying and claiming this has anything to do with Benghazi?
Thu Apr 28, 2016, 01:02 PM
Apr 2016

Do you even realize how dangerous it is to just shout 'RW SMEAR!!' at every accusation against your candidate, no matter the evidence? You're basically giving her a complete free pass on any behavior.

She's under investigation by the FBI for goodness sake! The FBI! You know them yeah, the organization that are not in any way part of the Republican party? The organization we trust to apprehend the worst criminals in society, yet who apparently are irrelevant when its someone you like being investigated?

leveymg

(36,418 posts)
2. “is working on a referral Inspectors General in connection with former Secretary of State Clinton’s
Thu Apr 28, 2016, 09:21 AM
Apr 2016

use of a private email server." There it is, right there, straight from DOJ. And the Hillbots still claim that the FBI and DOJ investigation isn't directed at HRC.

 

randome

(34,845 posts)
5. "...in connection with..." does not equate to Clinton being a target.
Thu Apr 28, 2016, 09:41 AM
Apr 2016

Keep that sick group prayer going for as long as you can. Someday...someday...


[hr][font color="blue"][center]You have to play the game to find out why you're playing the game. -Existenz[/center][/font][hr]

leveymg

(36,418 posts)
11. You are a good wishful thinker and very loyal to Hillary. You will be rewarded
Thu Apr 28, 2016, 09:52 AM
Apr 2016

in the next life, if not in this. Keep up the hard work trying to cloud the facts.

 

randome

(34,845 posts)
16. I don't even like Clinton. Said so from way back.
Thu Apr 28, 2016, 10:09 AM
Apr 2016

But she's clearly our next President so I'm going to support her then. Anything is better than going negative to no good purpose.
[hr][font color="blue"][center]You have to play the game to find out why you're playing the game. -Existenz[/center][/font][hr]

leveymg

(36,418 posts)
20. She's not even the nominee yet, and is unlikely to be.
Thu Apr 28, 2016, 10:15 AM
Apr 2016

I'm tired of Goodman, as well, and think that he does a better job arousing Hillary's supporters than laying out ideas. But, the negative would have nowhere to feed if Hillary, herself, hadn't created it.

leveymg

(36,418 posts)
58. What do you think happens to her delegates if the FBI report finds she violated her security oath?
Thu Apr 28, 2016, 12:49 PM
Apr 2016

Ask yourself that question.

brush

(53,778 posts)
65. Keep praying. The DOJ would have to go against too many powerful forces . . .
Thu Apr 28, 2016, 12:56 PM
Apr 2016

to bring an indictment against Clinton at this point — including the president as that would insure a repug in the White House.

It's not going to happen.

Just as Sanders is not going to get super delegates to switch.

leveymg

(36,418 posts)
73. An indictment is beside the point. The FBI Report is likely to find she violated her security oath.
Thu Apr 28, 2016, 01:15 PM
Apr 2016

What do you think happens in that case - does she remain the candidate? I sure as hell hope that the Party leadership isn't that cavalier or committed to her candidacy as to allow that.

brush

(53,778 posts)
79. It won't happen. The FBI is part of the DOJ, headed by Lorretta Lynch, an Obama appointee.
Thu Apr 28, 2016, 02:01 PM
Apr 2016

They are not going to allowed the Dem front runner and presumptive nominee to be overthrown, which would throw the party into disarray and allow the repugs to capture the presidency as a result.

They know that Sanders, getting the nod after that, wouldn't stand a chance as the party would be the biggest laughing stock in history.

It's not going to happen.

angrychair

(8,699 posts)
86. Are you reading what you write???
Thu Apr 28, 2016, 04:09 PM
Apr 2016

Seriously. You are stating, in writing, that even if she committed a crime, so what, no one is going to allow any legal action because she is to important for the Democratic Party and must be elected even if guilty of a crime.

I have read such comments from several people now. It answers a lot of questions. You don't even care if she did it or not. No amount of evidence would convince you because it doesn't matter.

To have that level of obsession toward a political candidate violates the core principles of what it means to be American. We do not have royalty here. We do not have blind allegiance to people.
These type of responses expose a very disturbing turn of events.

brush

(53,778 posts)
88. Don't you get it by now? The alleged email issue is another Benghazi-like repug pushed faux-scandal
Thu Apr 28, 2016, 04:20 PM
Apr 2016

It's not an obsession with a candidate, it's knowing that it was a non-scandal from the jump.

Both Rice and Powell, SOSs before her, did similar things.

If it was Sanders I've say the same thing.

It's not going to happen.

angrychair

(8,699 posts)
91. No, it's not
Thu Apr 28, 2016, 04:34 PM
Apr 2016

With all due respect, you, obviously, are not stupid but you are speaking out of ignorance on this specific issue.
It could be described as many things but it is not a "Benghazi-like repug pushed faux-scandal". This is 100% executive branch, from the State Dept Inspector General to the FBI investigation to non-partisan career DOJ lawyers working on this case.
There are no teapublican committee hearings or TV cameras.

Read this post and this post

Neither are perfect but there is a lot of decent information in both.

To be clear, as I have said from the beginning, I will live with whatever is decided by the FBI. To think this is not a real issue though is just not true.

brush

(53,778 posts)
93. "I don't care about your damn emails".
Thu Apr 28, 2016, 04:37 PM
Apr 2016

Last edited Thu Apr 28, 2016, 05:30 PM - Edit history (1)

It's not going to happen.

Go with what your candidate said.

 

randome

(34,845 posts)
19. "We'd like to ask you a few questions."
Thu Apr 28, 2016, 10:10 AM
Apr 2016



[hr][font color="blue"][center]You have to play the game to find out why you're playing the game. -Existenz[/center][/font][hr]

JudyM

(29,248 posts)
31. It specifically says in connection with *her* use. I might agree with you if it merely said
Thu Apr 28, 2016, 10:59 AM
Apr 2016

in connection with her private server. Big difference.


"The FBI has stated publicly that it received and “is working on a referral (from) Inspectors General in connection with former Secretary of State Clinton’s use of a private email server."

leveymg

(36,418 posts)
42. Every word has a meaning in court filings, even if some would prefer to pick and choose.
Thu Apr 28, 2016, 11:45 AM
Apr 2016

Not sure if that's the exact quote from Supreme Court decision I read a while back, but that was certainly the message. We'll see what these same selective readers do with the FBI Report, as well.

JudyM

(29,248 posts)
44. Every word in a public DOJ statement about an ongoing investigation/referral would certainly
Thu Apr 28, 2016, 12:16 PM
Apr 2016

be chosen with great attention, particularly when it concerns a leading presidential candidate.

KoKo

(84,711 posts)
8. Don't know....but, maybe something to do with this?
Thu Apr 28, 2016, 09:45 AM
Apr 2016


--------

Bad Legal News for Hillary, Feds Subpoena Clinton Foundation Documents
by Rachel Stockman | 5:36 pm, February 11th, 2016

A new report reveals that State Department investigators issued a subpoena to the Bill, Hillary and Chelsea Clinton Foundation sometime last year. Investigators are looking for foundation projects that may have also needed approval from the federal government during Hillary Clinton’s term as secretary of state, according to the Washington Post.

The subpoena also asked to see records related to Huma Abedin, Hillary’s longtime aide, who for a short time worked for both the State Department and the foundation. A foundation representative told the Washington Post that they are not the focus of the probe. The State Department’s Inspector General office declined to speak about their investigation or the subpoena.

The Washington Examiner reported earlier this year about a Clinton donor – a Nigerian businessman — who may have benefited personally from State Department policy while Hillary Clinton severed as secretary of state

This latest subpoena is part of an ongoing investigation by the Secretary of State’s Inspector General’s Office, which is also probing her private emails. According to Fox News, the FBI is also investigating a possible “pay for play” allegation between the Clinton Foundation and the State Department business. Last month, Clinton denied allegations that the FBI expanded its probe.

Either way, this isn’t good legal news for Hillary Clinton. Why? Generally speaking, an alleged conflict of interest like this more clearly violates federal law (as opposed to the fuzzy rules on public/private emails) and is easier to prove if investigators have the goods.

In fact, LawNewz.com founder Dan Abrams called the allegations surrounding the Clinton Foundation “the most politically devastating legal allegation.” Abrams wrote in a recent editorial:

http://lawnewz.com/politics/bad-legal-news-for-hillary-feds-subpoena-clinton-foundation-documents/
 

randome

(34,845 posts)
9. I like how lawnewz references their own founder as a corroborative source.
Thu Apr 28, 2016, 09:47 AM
Apr 2016

[hr][font color="blue"][center]You have to play the game to find out why you're playing the game. -Existenz[/center][/font][hr]

KoKo

(84,711 posts)
82. State Department was Missing Top Oversite (IG) During Her Time as SOS
Thu Apr 28, 2016, 02:37 PM
Apr 2016

Hillary Clinton: State Department was missing top oversight official during her time as secretary of state
Lack of oversight adds to questions surrounding Hillary Clinton’s transparency

Payton Guion
Thursday 26 March 2015


The US State Department was missing a permanent watchdog for the entire time Hillary Clinton served as secretary of state, the Wall Street Journal reported, raising more questions about her transparency ahead of her near-certain presidential campaign.

No evidence indicates that Mrs Clinton was directly responsible for no inspector general being appointed during her tenure, but the State Department has never gone longer without one since the position was created in 1957.


Inspectors general are responsible for oversight in various government agencies.

The president is responsible for appointing the inspector general and the State Department was the only agency that did not see either a confirmed or nominated inspector general during that five-year period.

Harold Geisel served as the acting inspector general during Mrs Clinton’s time as secretary of state, but was restricted by law from becoming the full-time inspector general because he had a long history in the State Department.


The White House would not comment on why there was no nomination or appointment for the position for five years, but said that the inspector general’s office released more than 450 reports in that time, the Journal reported.

The State Department’s lack of a permanent watchdog is not illegal nor does it automatically indicate wrongdoing, but it does nothing to help Mrs Clinton’s reputation for a lack of transparency.

http://www.independent.co.uk/news/world/americas/hillary-clinton-state-department-was-missing-top-oversight-official-during-her-time-as-secretary-of-10136503.html

 

think

(11,641 posts)
10. The DOJ is refusing to release a document via FOIA as it may interfere with the FBI case into
Thu Apr 28, 2016, 09:49 AM
Apr 2016

Clinton's use of a private email server and the enforcement of those proceedings.

The FBI is declaring that releasing the document would be detrimental to their case.

That means the case is proceeding and that the FBI believes it needs to protect evidence.

That's what I got from the article. Perhaps I'm off base but it seemed fairly clear.


joshcryer

(62,270 posts)
33. If "exculpatory" evidence came out that would also hurt their investigation.
Thu Apr 28, 2016, 11:05 AM
Apr 2016

And people would call it political pressuring.

 

Marr

(20,317 posts)
39. Now who's engaging in conspiracy theories?
Thu Apr 28, 2016, 11:31 AM
Apr 2016

Yes, joshcryer, I'm sure the FBI is concerned about exculpatory evidence exposing their evil, right-wing investigation that's based on nothing and isn't even directed at Clinton anyway.

joshcryer

(62,270 posts)
100. The cluelessness is astounding.
Thu Apr 28, 2016, 06:13 PM
Apr 2016

The FBI does not want its decision to be tainted by leaks. This is not controversial.

JudyM

(29,248 posts)
35. That is correct. It is significant for 2 reasons.
Thu Apr 28, 2016, 11:14 AM
Apr 2016

First, it confirms FBI is in fact working on a referral! A referral is an agency's investigation results/case packaged up to hand off to the DOJ for prosecution. This means, to me, that FBI is recommending prosecution.

Second, the language used by DOJ clearly states that the case is about Clinton's own use of the server! Some here have suggested that the FBI may be looking at actions of others and that Clinton is not, herself, the subject of the investigation. If that were true, DOJ would've said it's looking at the server or actions taken in relation to the server, but instead DOJ says it's looking at *Clinton's use* of the server.

This removes a lot of doubt, and confirms speculations that a referral is being put together, and it's about her own use of the server.

leveymg

(36,418 posts)
53. Yes, the DOJ's use of the word "referral" stands out for me, as well.
Thu Apr 28, 2016, 12:42 PM
Apr 2016

Former CIA Director John Deutch was "referred', but Attorney General Janet Reno ran the clock out without convening a Grand Jury. In the end, Bill Clinton pardoned him on the same final day along with Mark Rich.

At this point, I am too pooped to enjoy Kremlin Watch parties as much as I used to. All I can say is, the timing of release of the investigation report so that it stretched past the point where Sanders might have gotten a boost toward the Convention seems to be all Washington scotch on the rocks. Another deal within deals between competing branches stretching back decades to when all the principal players were read into programs now long collectively forgotten, and conveniently so.

grasswire

(50,130 posts)
60. are you thinking there's a fix in...
Thu Apr 28, 2016, 12:50 PM
Apr 2016

...due to old crony links?

But wouldn't the career FBI rebel against such an outcome?

BillZBubb

(10,650 posts)
103. Yep. If the FBI determines a crime has been committed, that will be in the news.
Thu Apr 28, 2016, 06:21 PM
Apr 2016

The FBI insiders are not going to stomach a cover up.

grasswire

(50,130 posts)
61. my question about this
Thu Apr 28, 2016, 12:52 PM
Apr 2016

...and thanks for being here and clarifying things regularly.

Does "referral" only imply evidence of criminality? Or could a referral be for no action?

JudyM

(29,248 posts)
70. A "referral" is the case that the substantive responsibility unit (here, FBI) puts together for DOJ
Thu Apr 28, 2016, 01:01 PM
Apr 2016

to prosecute. It is an inter-agency handoff to DOJ for prosecution, because DOJ is the federal litigator. It's a specific term used within the government for the case an agency sends to DOJ for the express purpose of prosecution. If they were recommending against prosecution it might just be a memo, I'm not certain about that, but it wouldn't be a referral.

antigop

(12,778 posts)
76. Are the Inspectors General part of the FBI?
Thu Apr 28, 2016, 01:33 PM
Apr 2016

The wording:
“is working on a referral "from" Inspectors General in connection with former Secretary of State Clinton’s use of a private email server. "

The wording, with the word "from" in brackets, indicates the referral is from the Inspectors General.

leveymg

(36,418 posts)
77. No. Each agency has an IG. In this case, it was CIA and Intelligence Community IGs who first made
Thu Apr 28, 2016, 01:51 PM
Apr 2016

a recommendation for the FBI to investigate. The State Department IG has since launched a separate investigation into alleged conflict of interest in State Department contracting under Secretary Clinton. There are also civil cases going on about FOIAs related to both matters.

antigop

(12,778 posts)
81. but if you go back and read what it said about the referral, it indicates the referral is from
Thu Apr 28, 2016, 02:24 PM
Apr 2016

the Inspectors General, NOT the FBI.

The word "from" is in brackets, though.

leveymg

(36,418 posts)
98. The referrals all originate with the agencies that issued the classified documents found by them
Thu Apr 28, 2016, 06:08 PM
Apr 2016

have been unlawfully held on the server. Based upon each agency's own findings and the FBI's investigation, which is a report, the IGs and the FBI Director then prepare their own reports with recommendations for the Attorney General. Those reports are called referrals.

leveymg

(36,418 posts)
101. So, you see, the AG has to make a decision based upon multiple agency referrals in this case.
Thu Apr 28, 2016, 06:17 PM
Apr 2016

They may differ in their findings. This will not be an easy call for the AG, which is another reason I think the DOJ will probably run out the clock and leave to POTUS to pardon. However, if there is a consensus that HRC improperly handled classified materials, or the FBI finds that she violated law, she becomes unviable as a candidate even without a decision to convene and Grand Jury and to issue an indictment.

antigop

(12,778 posts)
104. "she becomes unviable as a candidate"
Thu Apr 28, 2016, 06:24 PM
Apr 2016

Naw...her supporters will just claim it's just partisan proceedings.

leveymg

(36,418 posts)
107. She becomes unviable as a candidate if there is a finding she violated her security agreement. Game
Thu Apr 28, 2016, 06:31 PM
Apr 2016

over. Responsible people in senior positions within the Democratic party won't let her run in that case. If she resists, and plunges on, and somehow prevails, she's condemning the entire party to obsolescence, disgrace, and infamy. I think it's a foregone conclusion that she'll be found to have violated the agreement, and arrangements are quietly being made.

Barack_America

(28,876 posts)
110. Makes you respect Bernie a bit more, no?
Thu Apr 28, 2016, 09:54 PM
Apr 2016

It's been so obvious to me that he's been staying in to save the party from itself if a recommendation for prosecution occurs.

Just think of all the hostility and ridicule he has been made to endure, when his intent is for our benefit.

I truly believe this.

I'm fascinated by this sub-thread. Thanks for your contributions.

grasswire

(50,130 posts)
113. Yes.
Thu Apr 28, 2016, 10:49 PM
Apr 2016

He's staying in not for reasons of self, but because chaos is coming and we need a viable candidate still in the race.

leveymg

(36,418 posts)
118. Yes, all the more.
Fri Apr 29, 2016, 02:33 AM
Apr 2016

He's the best sort of Democrat. One who holds true to the party's best principles. He also has strong personal integrity and great wisdom. The party and country are fortunate to have Bernie Sanders at a moment of peril such as this.

JudyM

(29,248 posts)
78. Good question, I am not certain about that. Generally all federal agencies have their own IG.
Thu Apr 28, 2016, 01:55 PM
Apr 2016

The State Dept.'s IG was looking into the email issue and FBI waved them off to take over. http://www.wsj.com/articles/state-department-pauses-hillary-clinton-email-review-1459548288 DOJ also has an IG office so maybe it is involved too.

 

think

(11,641 posts)
80. Thank you for the reply. I missed it in a flurry of responses. I appreciate the clarification...
Thu Apr 28, 2016, 02:08 PM
Apr 2016

leveymg

(36,418 posts)
12. The Judge wouldn't have granted Discovery if this was a partisan fishing expedition. Sorry.
Thu Apr 28, 2016, 09:56 AM
Apr 2016

Besides, DOJ would issue this same sort of motion in any case where there's an active investigation and/or prosecution. Sorry, again, nice try.

NWCorona

(8,541 posts)
17. The fact that they would be tired has no bearing on this matter.
Thu Apr 28, 2016, 10:09 AM
Apr 2016

They can't pick and choose. Besides if anyone would be tired, that would be Kerry.

Land of Enchantment

(1,217 posts)
40. The DoJ would not have offered immunity to Pagliano
Thu Apr 28, 2016, 11:32 AM
Apr 2016

if there was NOT a question of criminal activity on his part or others...PERIOD.
What part of this do you not understand?

leveymg

(36,418 posts)
45. Judge Emmet G. Sullivan
Thu Apr 28, 2016, 12:21 PM
Apr 2016
http://www.businessinsider.com/judge-says-investigation-into-clintons-emails-can-proceed-2016-2

A judge just made clear that Hillary's email problems aren't going away anytime soon

A federal judge on Tuesday ruled that State Department officials should be questioned about whether Hillary Clinton's use of a private email server while she served as secretary of state undermined public access to official government records, as required under the Freedom of Information Act. "There has been a constant drip, drip, drip of declarations. When does it stop?" US District Judge Emmet G. Sullivan said in a Tuesday decision, according to The Washington Post.

(snip)


Further complicating Clinton's argument that she has been completely transparent is the fact that she deleted about 31,000 emails she says were "personal" in nature before handing her inbox over to the State Department. Those deleted emails would have been captured by a government server and preserved as federal records had Clinton used a state.gov email address.

All of this gives weight to the argument in Sullivan's decision on Tuesday. He wrote that there is "at least a 'reasonable suspicion'" that Clinton's private setup undermined the public's right to access official government records.

(snip)

Hillary Clinton’s emails could now "take on a life of their own," Anne L. Weismann, executive director of the Campaign for Accountability, told The Washington Post. And the troubles might not end, she added, "until there are endless depositions of top aides and officials, and just a parade of horribles."

_______________

leveymg

(36,418 posts)
67. Judge Sullivan's DC District Court bio.
Thu Apr 28, 2016, 12:57 PM
Apr 2016

Last edited Thu Apr 28, 2016, 01:53 PM - Edit history (1)

http://www.dcd.uscourts.gov/sullivan

On June 16, 1994, Judge Sullivan was appointed by President William J. Clinton to serve as United States District Judge for the District of Columbia. Upon his appointment as a United States District Judge, Judge Sullivan became the first person in the District of Columbia to have been appointed by three United States Presidents to three judicial positions.

Yurovsky

(2,064 posts)
14. Keep whistling past that graveyard...
Thu Apr 28, 2016, 10:06 AM
Apr 2016

Her ethically challenged legal/political career has always been just one boot drop away from a jail sentence (how many of her Rose Law firm partners went off to prison?). This time her greed and lust for corporate blood money may finally land her in the joint. At least she can find solace in knowing they make pantsuits in prison orange...

Response to Yurovsky (Reply #14)

leveymg

(36,418 posts)
47. Some people just can't stand the sight of Hillary in colored pantsuits. ;-)
Thu Apr 28, 2016, 12:33 PM
Apr 2016

Orange is the new black.

 

Kentonio

(4,377 posts)
72. Err, you know those were her actual clothes right?
Thu Apr 28, 2016, 01:04 PM
Apr 2016

You're saying that her own outfit isn't acceptable at DU?

angrychair

(8,699 posts)
89. We can see your transparency page
Thu Apr 28, 2016, 04:20 PM
Apr 2016

I guess posts like this are bad but anti Semitic insinuations are cool.
A certain group of people on this site act all high and mighty and talk about how picked on they are but don't have any reservations making anti Semitic slurs (or insinuating them - he's Jewish you know) using batshit crazy conspiracy theories and shamelessly posting neo-Nazi hate sites as the source and shaming and humiliating poor or struggling people as only wanting to vote for Sanders to get "free stuff".

Seriously, it's disgusting.

 

trumad

(41,692 posts)
92. Here's the thing...
Thu Apr 28, 2016, 04:35 PM
Apr 2016

DU has lost so much in the last year with the onslaught of trolls.

It lost the ability to think about what is sarcasm and what is not sarcasm. I've been here since the beginning and chuckle at these newbies who come on and spout shit about me like they know me.

You do know that Kasich was in the news lately with video of him trying to teach a bunch of Hasidic Jews about Judisim. Hence my comment in a post referring to Kasich and Bernie.

Nah....The DU trolls are to stupid to figure that out.

grasswire

(50,130 posts)
63. I wonder if she will get laundry duty....
Thu Apr 28, 2016, 12:55 PM
Apr 2016

...or kitchen aide.

Watergate conspirator Chuck Colson got laundry duty. He said it changed his life, having to wash the dirty underwear of all the other prisoners. It might be good for Hill.

grasswire

(50,130 posts)
109. OTOH, Hillary's sense of entitlement..
Thu Apr 28, 2016, 09:34 PM
Apr 2016

...will not serve her well in prison. Yikes! Yikes!

Martha Stewart did just fine because she is at heart a real person, and warm.

 

IdaBriggs

(10,559 posts)
22. I was wondering how this case was progressing. Anyone have any idea when
Thu Apr 28, 2016, 10:24 AM
Apr 2016

the Judge will rule? So far he hasn't been too sympathetic to the "we have to keep it a secret" argument.

I think this might be the push the DOJ needs to finish stuff up.

Hillary is quite the legal job creator!

KoKo

(84,711 posts)
29. See post #10.
Thu Apr 28, 2016, 10:50 AM
Apr 2016

It does seem that the FBI really wants to keep what they have under wraps at this point, because their investigation is still ongoing.

 

JTFrog

(14,274 posts)
37. You should toss a few more coins in the indictment fairy fountain.
Thu Apr 28, 2016, 11:20 AM
Apr 2016

Don't forget to click your heels together 3 times and turn in a circle first!

JudyM

(29,248 posts)
38. See post #35. DOJ's statement clears a couple things up.
Thu Apr 28, 2016, 11:24 AM
Apr 2016

I also suspect that FBI may wait for the Supreme's decision this June in the McDonnell corruption case to see if the standard is clarified in any way. Here's more on that thought:
http://www.democraticunderground.com/1280186256#post7

DemocratSinceBirth

(99,710 posts)
74. Yes. The FBI can't indict. An independent prosecutor can impanel a grand jury and can.
Thu Apr 28, 2016, 01:18 PM
Apr 2016

At the glacial rate this investigation is going some kind of report will be released after Hillary Clinton's inauguration. I have a theory why this investigation is taking so long.

 

IdaBriggs

(10,559 posts)
84. It's been a criminal investigation from day one.
Thu Apr 28, 2016, 03:07 PM
Apr 2016

The FBI doesn't do "security reviews" - they investigate crimes.

From their website -- https://www.fbi.gov/about-us/quick-facts

Our Priorities

The FBI focuses on threats that challenge the foundations of American society or involve dangers too large or complex for any local or state authority to handle alone. In executing the following priorities, the FBI—as both a national security and law enforcement organization—will produce and use intelligence to protect the nation from threats and to bring to justice those who violate the law.

1. Protect the United States from terrorist attack
2. Protect the United States against foreign intelligence operations and espionage
3. Protect the United States against cyber-based attacks and high-technology crimes
4. Combat public corruption at all levels
5. Protect civil rights
6. Combat transnational/national criminal organizations and enterprises
7. Combat major white-collar crime

8. Combat significant violent crime
9. Support federal, state, local and international partners
10. Upgrade technology to successfully perform the FBI’s mission


You will note "perform security reviews to prove Hillary Clinton is just a bit of a ditz when it comes to computer stuff" isn't in that list at all.

antigop

(12,778 posts)
95. it could “reasonably be expected to interfere with enforcement proceedings.”
Thu Apr 28, 2016, 05:44 PM
Apr 2016

it could “reasonably be expected to interfere with enforcement proceedings.

Enforcement proceedings?

So are there enforcement proceedings? Do they expect enforcement proceedings?

Interesting choice of words there.

grasswire

(50,130 posts)
112. okay, run this by and see what you think
Thu Apr 28, 2016, 10:45 PM
Apr 2016

I think it means that new wrinkles could push the conclusion closer to the election and that could "inhibit enforcement". Maybe "enforcement" means the letter of criminal referral, the evaluation by the AG, the presentation of evidence to anyone named in the letter, the plea negotiations, etc. Makes sense to me. How about you?

antigop

(12,778 posts)
114. this is what I found and I know nothing about this website, so take it for what it's worth.
Thu Apr 28, 2016, 10:51 PM
Apr 2016
http://www.thepoliticalinsider.com/breaking-does-this-justice-department-filing-prove-hillary-will-be-indicted/

Enforcement proceedings? Does this mean the FBI has found enforcement to be necessary?

It should be noted that this particular phrase is used in federal law on disclosing public information “compiled for law enforcement purposes,” in tandem with another set criteria – when “the investigation or proceeding involves a possible violation of criminal law.”
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