Houston Chronicle

Report rips Comey in Clinton probe

Justice Department watchdog cites missteps but finds no political bias

- By Matt Apuzzo

WASHINGTON — The Justice Department’s inspector general Thursday painted a harsh portrait of the FBI during the 2016 presidenti­al election, describing a destructiv­e culture in which James Comey, the former director, was “insubordin­ate,” senior officials privately bashed Donald Trump and agents came to distrust prosecutor­s.

The 500-page report criticized Comey for breaking with longstandi­ng policy and publicly discussing — in a news conference and a pair of letters in the middle of the campaign — an investigat­ion into Hillary Clinton’s use of a private email server in handling classified informatio­n. The report was a firm rebuke of those actions, which Comey has tried for months to defend.

Neverthele­ss, the inspector general, Michael Horowitz, did not challenge the conclusion that Clinton should not be prosecuted. That investigat­ion loomed over most of the presidenti­al campaign, and Horowitz and his investigat­ors uncovered no proof that political opinions at the FBI influenced its outcome.

“We found no evidence that the conclusion­s by department prosecutor­s were affected by bias or other improper considerat­ions,” he wrote. “Rather, we concluded that they were based on the prosecutor’s assessment of facts,

the law and past department practice.”

But the report — initiated in response to a chorus of requests from Congress and the public — was far from an exoneratio­n. Horowitz was unsparing in his criticism of Comey and referred five FBI employees for possible discipline over pro-Clinton or antiTrump commentary in electronic messages. He said agents were far too cozy with journalist­s. And he described a breakdown in the chain of command, calling it “extraordin­ary” that the attorney general acceded to Comey during the most controvers­ial moments of the Clinton investigat­ion.

The result, Horowitz said, undermined public confidence in the FBI and sowed doubt about the bureau’s handling of the Clinton investigat­ion, which even two years later remains politicall­y divisive. Clinton’s supporters blame Comey for her election loss. Trump believes that Comey and his agents conspired to clear Clinton of wrongdoing because they were openly hostile to his candidacy.

Horowitz repeatedly said he found no evidence that the FBI rigged the outcome. “Our review did not find documentar­y or testimonia­l evidence directly connecting the political views these employees expressed in their text messages and instant messages to the specific investigat­ive decisions we reviewed,” the report said.

‘We’ll stop it’

The report is especially critical of two FBI officials, Peter Strzok and Lisa Page, who exchanged texts disparagin­g Trump. Many of those text messages had been released, but the report cites a previously undisclose­d exchange:

Trump is “not ever going to become president, right? Right?!” Page wrote.

“No,” Strzok wrote. “No he won’t. We’ll stop it.”

Page has left the FBI and Strzok has been reassigned to human resources. Like other top FBI officials, they were involved in both the Clinton case and the investigat­ion into the Trump campaign’s ties to Russia. So while the inspector general’s report focuses entirely on the Clinton case, it has ramificati­ons for the investigat­ion being carried out by the special counsel, Robert Mueller. Any evidence of bias or rule-breaking in one case could be used to undermine confidence in the other.

Trump has repeatedly declared the Russia investigat­ion a “witch hunt” and was eagerly anticipati­ng the release of Thursday’s report. He was briefed on it but was notably silent about the conclusion­s.

The Republican National Committee, though, distribute­d talking points to supporters criticizin­g a “fervent anti-Trump bias” and calling for Strzok’s terminatio­n. The White House press secretary, Sarah Huckabee Sanders, offered few remarks.

“It reaffirmed the president’s suspicions about Comey’s conduct and the political bias among some of the members of the FBI,” she said. But she referred questions to the current FBI director, Christophe­r Wray.

Wray, in a rare news conference, said he took the report seriously but said nothing in the report “impugns the integrity” of the FBI. “Our brand is doing just fine,” he said.

Wray was confirmed last year after the abrupt firing of Comey, and the report serves as an unflatteri­ng book end to Comey’s 3½-year tenure. The findings sharply criticize his judgment as he injected the FBI into presidenti­al politics in ways not seen since at least the Watergate era.

Unorthodox actions

Comey held a news conference in July 2016 to announce that he was recommendi­ng no charges against Clinton and to publicly chastise her email practices. It was highly unorthodox; the Justice Department, not the FBI, makes charging decisions. And officials have been reprimande­d for injecting their opinions into legal conclusion­s. Comey withheld his plans for a public statement from his bosses at the Justice Department.

“It was extraordin­ary and insubordin­ate for Comey to do so,” the inspector general wrote, “and we found none of his reasons to be a persuasive basis for deviating from well-establishe­d department policies in a way intentiona­bout ally designed to avoid supervisio­n by department leadership.”

Then in late October, over the objection of top Justice Department officials, Comey sent a letter to Congress disclosing that agents were scrutinizi­ng new evidence in the Clinton case.

That evidence did not change the outcome of the inquiry, but Clinton and many of her supporters blame Comey’s late disclosure for her defeat. Former campaign aides expressed disbelief Thursday at another revelation in the report — that Comey had used a private email account to conduct official FBI business while he supervised the investigat­ion into Clinton’s email practices. “I don’t know whether to laugh or cry,” said Brian Fallon, the former campaign spokesman.

And Clinton herself responded on Twitter, noting only, “But my emails.”

Comey has defended his actions, saying he would have faced criticism for any decision, so he opted to be transparen­t. FBI officials have acknowledg­ed that they made those decisions in part because they assumed Clinton would win, and they worried appearing to conceal informatio­n to help her.

Comey and his agents also grew suspicious of Justice Department prosecutor­s. Workinglev­el agents wanted prosectors to be more aggressive — a tension that the inspector general found “caused significan­t strife and mistrust” between the two groups.

Comey, too, said his decisions were influenced in part by concerns that political appointees at the Justice Department did not have the credibilit­y to close the investigat­ion. In an op-ed published in the New York Times responding to the report, Comey said he believed he was making the right decisions at the time.

“As painful as the whole experience has been, I still believe that,” he wrote. “And nothing in the inspector general’s report makes me think we did the wrong thing.”

Trump muddled issue

Officially at least, Comey’s handling of the Clinton case cost him his job. After the firing, the White House held up as justificat­ion a Justice Department memo that criticized many of the actions now highlighte­d by the inspector general. In that regard, the inspector general would seem to underscore the stated reason for Comey’s dismissal.

But Trump has muddied this issue. Hours after the firing, he undercut his own staff and said he planned to fire Comey even before receiving the recommenda­tion. He said he had been thinking about the Russia investigat­ion when he fired Comey. His lawyer, Rudy Giuliani, added more recently that Comey was fired for refusing to publicly exonerate Trump in the Russia case.

Those comments, along with Comey’s account of private conversati­ons with the president, prompted the appointmen­t of a special counsel to begin investigat­ing Trump for possible obstructio­n of justice. That inquiry continues. The inspector general’s report does not directly affect that case, although anything that undermines Comey’s credibilit­y is politicall­y and legally beneficial to Trump.

 ??  ?? Ex-FBI chief James Comey was called “insubordin­ate.”
Ex-FBI chief James Comey was called “insubordin­ate.”
 ?? Mark Wilson / Getty Images ?? In a rare news conference, FBI Director Christophe­r Wray said Thursday that nothing in the report “impugns the integrity” of the FBI. “Our brand is doing just fine.”
Mark Wilson / Getty Images In a rare news conference, FBI Director Christophe­r Wray said Thursday that nothing in the report “impugns the integrity” of the FBI. “Our brand is doing just fine.”

Newspapers in English

Newspapers from United States