The Wall Street Journal’s report that, for over a year, the FBI has been investigating the Clinton Foundation for potential financial crimes and influence peddling is, as Rich Lowry said Monday, a blockbuster. As I argued over the weekend, the manner in which the State Department was put in the service of the Foundation during Hillary Clinton’s tenure as secretary is shocking. It is suggestive of a pattern of pay-to-play bribery, the monetizing of political influence, fraud, and obstruction of justice that the Justice Department should be investigating as a possible RICO conspiracy under the federal anti-racketeering laws.
The Journal’s Devlin Barrett buries the Clinton Foundation lede in the 14th paragraph of his report. Even more astonishing are his final three paragraphs:
In September, agents on the foundation case asked to see the emails contained on nongovernment laptops that had been searched as part of the Clinton email case, but that request was rejected by prosecutors at the Eastern District of New York, in Brooklyn. Those emails were given to the FBI based on grants of partial immunity and limited-use agreements, meaning agents could only use them for the purpose of investigating possible mishandling of classified information.
Some FBI agents were dissatisfied with that answer, and asked for permission to make a similar request to federal prosecutors in Manhattan, according to people familiar with the matter. [FBI Deputy Director Andrew] McCabe, these people said, told them no and added that they couldn’t “go prosecutor-shopping.”
Not long after that discussion, FBI agents informed the bureau’s leaders about the Weiner laptop, prompting Mr. Comey’s disclosure to Congress and setting off the furor that promises to consume the final days of a tumultuous campaign.
Let me unpack this.
Readers are unlikely to know that the Eastern District of New York in Brooklyn is not just any United States attorney’s office. It is the office that was headed by Attorney General Loretta Lynch until President Obama elevated her to attorney general less than two years ago.
It was in the EDNY that Ms. Lynch first came to national prominence in 1999, when she was appointed U.S. attorney by President Bill Clinton — the husband of the main subject of the FBI’s investigations with whom Lynch furtively met in the back of a plane parked on an Arizona tarmac days before the announcement that Mrs. Clinton would not be indicted. Obama reappointed Lynch as the EDNY’s U.S. attorney in 2010. She was thus in charge of staffing that office for nearly six years before coming to Main Justice in Washington. That means the EDNY is full of attorneys Lynch hired and supervised.
When we learn that Clinton Foundation investigators are being denied access to patently relevant evidence by federal prosecutors in Brooklyn, those are the prosecutors — Loretta Lynch’s prosecutors — we are talking about.