Orlando Sentinel

Watchdog to review FBI’s actions

Probe will look at how Comey handled Clinton email issue

- By Matt Zapotosky and Sari Horwitz

WASHINGTON — The Justice Department inspector general will review broad allegation­s of misconduct involving FBI Director James Comey and how he handled the probe of Hillary Clinton’s email practices, the inspector general announced Thursday.

The investigat­ion will be wide ranging — encompassi­ng Comey’s various letters and public statements on the matter and whether FBI or other Justice Department employees leaked nonpublic informatio­n, according to a news release from Inspector General Michael E. Horowitz.

Democrats and Clinton herself

have blamed Comey for the Democratic candidate’s loss, arguing that the renewed inquiry and the FBI director’s public missives on the eve of the election blunted her momentum. Comey has faced months of criticism, some of it from former Justice officials, for violating the department’s policy of avoiding any action that could affect a candidate close to an election.

Brian Fallon, a former Clinton campaign spokesman, praised the investigat­ion Thursday.

“This is highly encouragin­g and to be expected given Director Comey’s drastic deviation from Justice Department protocol,” Fallon said. “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.”

Lawmakers and others had called previously for the inspector general to probe the FBI’s pre-election actions when it came to the Clinton probe, alleging that Comey bucked long-standing policies with his communicat­ions about the case and that informatio­n seemed to have leaked inappropri­ately — perhaps to former New York City mayor Rudolph W. Giuliani.

Horowitz said in a news release that he will explore the circumstan­ces surroundin­g the actions of Comey and others, though he will not re-litigate whether anyone should have faced charges.

“The review will not substitute the OIG’s judgment for the judgments made by the FBI or the Department regarding the substantiv­e merits of investigat­ive or prosecutiv­e decisions,” the news release said, using an acronym for the Office of the Inspector General.

“I am grateful to the Department of Justice’s IG for taking on this review,” said Comey in a statement. “He is profession­al and independen­t, and 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.”

The FBI’s probe into whether Clinton mishandled classified informatio­n by using a private email server when she was secretary of state has long been controvers­ial and politicall­y charged.

Perhaps most notably, Comey on Oct. 28 — after previously announcing publicly that he was recommendi­ng no charges in the case — sent a letter to congressio­nal leaders telling them that agents had resumed the Clinton probe after finding potentiall­y relevant informatio­n in an unrelated case.

The day before, senior Justice Department leaders had warned Comey not to send the letter, because it violated two long-standing department policies — discussing an ongoing investigat­ion and taking any overt action on an investigat­ion so close to an election. At the time, it was less than two weeks before the election, and early voting had already begun.

Comey, too, has notably declined to talk about any possible investigat­ions of President-elect Donald Trump or his campaign, as recently as this week rebuffing requests from legislator­s to confirm agents were looking into any such matters.

Comey sent a second letter to Congress on the Clinton case, just days before the election, declaring that the investigat­ion was complete and he was not changing the decision he had made in July to recommend no charges. But the damage — in the minds of Clinton supporters, at least — had been done.

Horowitz wrote that he will explore “allegation­s that Department or FBI policies or procedures were not followed” in connection with both letters. When he is finished, his office will likely issue a lengthy report detailing what it has found, as it has done in other high-profile matters.

Deputy Inspector General Robert Storch declined to comment for this story. The FBI did not immediatel­y provide a response.

Horowitz wrote that his inquiry would extend back to at least July — when Comey announced he was recommendi­ng the Clinton case be closed without charges. He wrote that he would explore “allegation­s that Department and FBI employees improperly disclosed non-public informatio­n” — potentiall­y a reference to Giuliani, who seemed to claim at one point he had insider FBI knowledge. Horowitz also wrote that he would explore whether FBI Deputy Director Andrew McCabe should have been recused from the case. McCabe’s wife, ran for a Virginia senate seat and took money from the PAC of Virginia Gov. Terry McAuliffe, a fierce Clinton ally.

Horowitz wrote that he would delve more deeply into the FBI publishing, just days before the election, 129 pages of internal documents from a years-old probe into former president Bill Clinton’s pardon of fugitive Democratic donor. And he said he would also probe whether Peter Kadzik, the Justice Department’s Assistant Attorney General for Legislativ­e Affairs “improperly disclosed non-public informatio­n to the Clinton campaign and/or should have been recused from participat­ing in certain matters.” Kadzik used to be the lawyer for Clinton campaign chairman John Podesta, and Wikileaks released hacked emails showing communicat­ions between the two men about the State Department’s review of Clinton emails for Freedom of Informatio­n Act purposes.

Virtually all of the matters being probed are well-publicized controvers­ies, and in some cases, the FBI has defended its actions. In the case of McCabe, for example, the deputy director’s wife, physician Jill McCabe, was recruited to run for a Virginia state senate seat, and took more than $450,000 from a McAuliffe PAC.

The FBI asserted at the time that McCabe had checked in with ethics officials and followed agency protocols. And, when his wife was first recruited to run, he was not yet deputy director. He was elevated to that post in February 2016, after his wife was out of politics.

 ?? CLIFF OWEN/ASSOCIATED PRESS ?? A probe will look into the actions of FBI Director James Comey.
CLIFF OWEN/ASSOCIATED PRESS A probe will look into the actions of FBI Director James Comey.
 ?? MELINA MARA/THE WASHINGTON POST ?? The Justice Department inspector general will review allegation­s of misconduct involving FBI Director James Comey and how he handled the probe of Hillary Clinton’s emails.
MELINA MARA/THE WASHINGTON POST The Justice Department inspector general will review allegation­s of misconduct involving FBI Director James Comey and how he handled the probe of Hillary Clinton’s emails.

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