The FBI is investigating whether anyone
in Clinton's operation broke the law as
a result of setting up or using the
personal email server that was kept in
her New York home.
So what I struggled with in the spring of last year was
how do we credibly complete the investigation of Hillary Clinton's
emails if we conclude there's no case there.
We were at the point where we had
refused to confirm the existence as we typically do of an investigation for
months, and it was getting to a place where that looked silly because the
campaigns were talking about interacting with the FBI in the course
of our work.
The Clinton campaign at the time was
using all kinds of euphemisms —
security review, matters, things like that
for what was going on.
We were getting to a place where the Attorney General
and I were both gonna have to testify and talk publicly about it and I wanted to know was
she gonna authorize us to confirm we had an investigation. And she said yes, but
don't call it that call it a matter.
And I said why would I do that and she said
just call it a matter.
Now again I don't know whether it was intentional or not
but it gave the impression that the Attorney General was looking to align the way we
talked about our work with the way political campaign was describing the
same activity, which was inaccurate we had a criminal investigation open.
The FBI had found a troubling email among the ones the Russians hacked from
Democrat operatives. The email reportedly provided assurances that Attorney
General Lynch would protect Secretary Clinton by making sure the FBI
investigation, "Didn't go too far."
Then two and a half months later on May the 3rd, his second interview he made a
180-degree turn when I was at the Department of Justice your reward for
lying to federal agents was in 18 USC 1001 charge or potential obstruction of
justice charge. It wasn't immunity.
It depends on where you're trying to go with
the investigation. It's a low-level guy you're trying to
move up in the chain you might think about it differently.
And I struggled as we got closer to the end of it with — a number of things had
gone on some of which I can't talk about yet that made me worry that the department
leadership could not credibly complete the investigation and decline
prosecution without grievous damage to the American people's confidence in the
justice system.
New questions are swirling after word got out that
former President Bill Clinton met privately with US Attorney General Loretta Lynch
on Monday.
In a statement, her campaign said the former first lady met with
federal investigators at FBI headquarters
in Washington, D.C. on Saturday.
And then the capper was, I'm not picking on the the Attorney General
Loretta Lynch who I like very much,
but her meeting with President Clinton on
that airplane was the capper for me.
And I then said you know what the department
cannot by itself credibly end this
the best chance we have is a justice system
is if I do something I never imagined before step away from them and tell the
American people look here's what the FBI did, here's what we found, here's what we
think, and that that offered us the best chance of the American people believing
in the system that it was done in a credible way.
That was a hard call for me to
make to call the Attorney General that morning and say I'm about to do a press
conference I'm not gonna tell you what I'm gonna say.
In this case, given the
importance of the matter I think unusual transparency is in order.
Although there
is evidence of potential violations of the statutes regarding the handling of
classified information, our judgment is that no reasonable prosecutor would
bring such a case.
As a result, although the Department of Justice
makes final
decisions on matters like this we are expressing to justice our view that no
charges are appropriate in this case.
If there was ever any possibility that
something Hillary Clinton might have said on July 2nd could possibly resulted
in criminal charges that might possibly resulted in a trial against her relating
to this — to me the only way that an interview takes place with the two
central witnesses and the subject of the investigation
is if the decision has
already been made that all three people in that room are not going to be charged.
Can I respond?
Yes please.
I know in our political life sometimes people casually
accuse each other being dishonest
but if colleagues of ours believe I am lying about when I made this decision
please urge them to contact me privately so we can have a conversation about this.
All I can do is tell you again,
the decision was made after that because I
didn't know what was gonna happen in that interview. She maybe lied during the
interview in a way we could prove — let me finish
I would also urge you to tell me
what tools we have as prosecutors and investigators to kick out of an
interview someone that the subject says is their lawyer.
you
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