Friday, October 14, 2016

The Fix


            The single most consequential decision in this presidential cycle was made my FBI Director James Comey. His decision not to recommend prosecution of Hillary Clinton removed the major roadblock to her presidency. On the other hand, a recommendation to prosecute would most likely have assured Donald Trump’s election. One may justly wonder which consequence motivated Director Comey. Personally, I think he was motivated by politics: he wanted to save his job. The clues are everywhere.

            One. We now know that the case for prosecution was solid. FBI agents are telling us that the vast majority of investigators were convinced of that fact, in spite of actions by the Justice Department to impede the investigation, especially by preventing the interrogation of immunized witnesses. Yet, Director Comey went against the recommendations of his own investigators.  

            Two. President Obama did not want Hillary Clinton to be prosecuted for two reasons: 1) As his successor, she would continue his policies, thereby protecting his legacy, and 2) A grand jury investigation would reveal his complicity in the email scandal.

            Three. When Director Comey said that no reasonable prosecutor would take this case, he was right: prosecutors in the Department of Justice work under Loretta Lynch who works directly for the President. Clearly, there was no way she was going to implicate her boss in this scandal; she did not want to make a decision that would cost her her job, her reputation, or both. She needed a scapegoat.

            Four. Even though it wasn’t his role, Director Comey recommended against prosecution. By doing so, he took Loretta Lynch off the hook and enabled her to close the case without getting her hands dirty. You can bet that when she had that little meeting with Bill Clinton she knew what Comey would do. The fix was in.

            Director Comey saved his job. But his reputation for integrity has been shattered. He will have to live with that.

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