Watchdog probing FBI actions
Justice Department entity investigates Comey's handling of Clinton email case
The probe by the Justice Department's inspector general, likely to keep open the wounds of the bitter 2016 presidential race, will focus on whether “policies or procedures were not followed” by the FBI and Justice Department.
Of particular focus will be the letter sent by Comey to Congress 11 days before the Nov. 8 election that disclosed that his agents were reviewing newly discovered emails possibly pertinent to the then-closed inquiry in Clinton's handling of classified material while serving as secretary of state.
The disclosure refocused negative public attention on Clinton's actions.
Then Comey made a second surprise announcement a few days later, revealing that the new emails had no impact on the status of the case, which had concluded with no criminal charges.
The FBI director's statements and a July news conference at which he discussed the details of the case were criticized at various times by members of both political parties as being inappropriate and violating long-standing guidelines that prohibit the public release of information about investigations, especially if such disclosures might affect the outcome of an election.
Comey supporters say he was merely trying to maintain transparency and keep Congress informed under extraordinary circumstances. But Clinton's campaign blamed Comey's letters for halting her momentum in the polls.
“This is highly encouraging and to be expected given Director Comey's drastic deviation from Justice Department protocol,” said Brian Fallon, who served as press secretary on the Clinton campaign. “A probe of this sort, however long it takes to conduct, is utterly necessary in order to take the first step to restore the FBI's reputation as a nonpartisan institution.”
Inspector General Michael Horowitz said Thursday that the probe was spurred by “numerous” requests for his office to examine the matter.
If investigators uncover criminal activity, they may refer matters to the Justice Department for prosecution.
Horowitz, a presidential appointee, does not serve a fixed term and his office operates largely independent of the Justice Department's leadership, though he reports to the attorney general and can be fired by the president, who must explain such a decision to Congress.
The FBI's handling of the Clinton probe came under renewed criticism this week as national security officials testified at a hearing regarding Russia's alleged efforts to hack into Democratic Party files into order to embarrass Clinton and help Trump.
Asked about alleged contacts between Russia and Trump allies, Comey said he could not confirm or deny the existence of any FBI probe into the matter, especially in a public forum. That brought a sharp rebuke from Sen. Angus King, I-Maine, noting the “irony” of the statement.
Clinton supporters similarly complained of an FBI double standard which they said kept any possible Trump-related probe a secret but disclosed the details of Clinton's case.
In a statement Thursday, Comey said he was “grateful” for the inspector general's review and pledged “the FBI will cooperate fully with him and his office. I hope very much he is able to share his conclusions and observations with the public because everyone will benefit from thoughtful evaluation and transparency regarding this matter.”
Horowitz said his office will also seek to determine if “improper considerations” influenced the FBI's publication on its website just days before the election of 15-year-old reports regarding an investigation into Bill Clinton's highly controversial decision to pardon fugitive financier Marc Rich.
The Clinton campaign questioned the timing of the release, though the FBI said at the time it was simply complying with a public information request.
Horowitz said he would examine whether the FBI or Justice Department improperly released information that should have remained private. Democrats were particularly irked by leaks that they said were orchestrated by FBI agents seeking to bolster Trump's campaign.
“Our citizens must be able to trust that the FBI, our chief federal law enforcement agency, is nonpartisan and does not insert itself into the electoral process,” said Reps. John Conyers and Elijah Cummings, ranking members of the House Committees on Judiciary and Oversight and Government Reform, in a statement Thursday. “We are pleased that the inspector general is following up on our request to investigate and review these allegations.”
Another target of the inquiry will be Comey's top deputy, Andrew McCabe, and whether he should have recused himself from overseeing the Clinton investigation. McCabe's wife received campaign donations in a 2015 run for state office in Virginia from a political action committee run by a close Clinton ally.
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