2016 Postmortem
Related: About this forumDOJ 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 Clintons 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 DOJs memorandum is part of a FOIA lawsuit that was originally filed in federal court by Vice News reporter Jason Leopold. Leopold is seeking Clintons 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. Leopolds 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 plaintiffs motion to show cause.
The DOJ says in its filing:Records responsive to Plaintiffs 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 Clintons 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/
DemocratSinceBirth
(99,710 posts)FreakinDJ
(17,644 posts)frylock
(34,825 posts)Stick a fork in her.
DemocratSinceBirth
(99,710 posts)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
Stick a fork in her.
-frylock
Even an indictment won't help your flailing candidate.
frylock
(34,825 posts)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)Last edited Fri Apr 29, 2016, 07:23 AM - Edit history (2)
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.
frylock
(34,825 posts)nolawarlock
(1,729 posts)God knows I experienced it.
Jackie Wilson Said
(4,176 posts)Now they have been helped tremendously by the thousands of alleged liberals who spread their bullshit endlessly.
DemocratSinceBirth
(99,710 posts)Kentonio
(4,377 posts)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)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)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)in the next life, if not in this. Keep up the hard work trying to cloud the facts.
randome
(34,845 posts)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)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.
brush
(53,778 posts)leveymg
(36,418 posts)Ask yourself that question.
brush
(53,778 posts)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)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)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)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)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)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)Last edited Thu Apr 28, 2016, 05:30 PM - Edit history (1)
It's not going to happen.
Go with what your candidate said.
beltanefauve
(1,784 posts)joshcryer
(62,270 posts)NWCorona
(8,541 posts)randome
(34,845 posts)[hr][font color="blue"][center]You have to play the game to find out why you're playing the game. -Existenz[/center][/font][hr]
NWCorona
(8,541 posts)JudyM
(29,248 posts)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 Clintons use of a private email server."
leveymg
(36,418 posts)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)be chosen with great attention, particularly when it concerns a leading presidential candidate.
global1
(25,247 posts)KoKo
(84,711 posts)--------
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 Clintons term as secretary of state, according to the Washington Post.
The subpoena also asked to see records related to Huma Abedin, Hillarys 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 Departments 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 States Inspector Generals 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 isnt 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)[hr][font color="blue"][center]You have to play the game to find out why you're playing the game. -Existenz[/center][/font][hr]
amborin
(16,631 posts)KoKo
(84,711 posts)Hillary Clinton: State Department was missing top oversight official during her time as secretary of state
Lack of oversight adds to questions surrounding Hillary Clintons 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 Clintons 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 generals office released more than 450 reports in that time, the Journal reported.
The State Departments lack of a permanent watchdog is not illegal nor does it automatically indicate wrongdoing, but it does nothing to help Mrs Clintons 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
amborin
(16,631 posts)KoKo
(84,711 posts)Someone needs to do a Timeline...
think
(11,641 posts)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)And people would call it political pressuring.
Marr
(20,317 posts)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)The FBI does not want its decision to be tainted by leaks. This is not controversial.
JudyM
(29,248 posts)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)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)...due to old crony links?
But wouldn't the career FBI rebel against such an outcome?
BillZBubb
(10,650 posts)The FBI insiders are not going to stomach a cover up.
grasswire
(50,130 posts)...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)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)The wording:
is working on a referral "from" Inspectors General in connection with former Secretary of State Clintons 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)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)the Inspectors General, NOT the FBI.
The word "from" is in brackets, though.
leveymg
(36,418 posts)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.
antigop
(12,778 posts)leveymg
(36,418 posts)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)Naw...her supporters will just claim it's just partisan proceedings.
leveymg
(36,418 posts)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)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)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)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)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)artyteacher
(598 posts)Expedition...
leveymg
(36,418 posts)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)They can't pick and choose. Besides if anyone would be tired, that would be Kerry.
Land of Enchantment
(1,217 posts)if there was NOT a question of criminal activity on his part or others...PERIOD.
What part of this do you not understand?
vintx
(1,748 posts)trumad
(41,692 posts)leveymg
(36,418 posts)trumad
(41,692 posts)leveymg
(36,418 posts)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 Clintons 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."
_______________
frylock
(34,825 posts)leveymg
(36,418 posts)Last edited Thu Apr 28, 2016, 01:53 PM - Edit history (1)
http://www.dcd.uscourts.gov/sullivanYurovsky
(2,064 posts)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)
Post removed
trumad
(41,692 posts)After she is nominated .
leveymg
(36,418 posts)Orange is the new black.
frylock
(34,825 posts)trumad
(41,692 posts)Fuck that stupid shit. Buh bye
frylock
(34,825 posts)Why is this allowed?
Kentonio
(4,377 posts)You're saying that her own outfit isn't acceptable at DU?
SMH
angrychair
(8,699 posts)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)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.
IdaBriggs
(10,559 posts)fellow Rose Law partners.
https://en.m.wikipedia.org/wiki/Whitewater_controversy#Convictions
trumad
(41,692 posts)floriduck
(2,262 posts)think
(11,641 posts)grasswire
(50,130 posts)...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)...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)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!
JoePhilly
(27,787 posts)KoKo
(84,711 posts)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)Don't forget to click your heels together 3 times and turn in a circle first!
JudyM
(29,248 posts)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
floppyboo
(2,461 posts)GeorgeGist
(25,321 posts)FourScore
(9,704 posts)DemocratSinceBirth
(99,710 posts)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.
Hiraeth
(4,805 posts)wendylaroux
(2,925 posts)IdaBriggs
(10,559 posts)The FBI doesn't do "security reviews" - they investigate crimes.
From their website -- https://www.fbi.gov/about-us/quick-facts
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 FBIas both a national security and law enforcement organizationwill 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 FBIs 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.
Tierra_y_Libertad
(50,414 posts)tritsofme
(17,378 posts)antigop
(12,778 posts)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.
think
(11,641 posts)MisterP
(23,730 posts)grasswire
(50,130 posts)antigop
(12,778 posts)grasswire
(50,130 posts)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)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.
grasswire
(50,130 posts)antigop
(12,778 posts)Vattel
(9,289 posts)Threebolo
(30 posts)Tell me more.