Milwaukee Journal Sentinel

FBI to go under microscope

Investigat­ion of Clinton emails to be reviewed

- KEVIN JOHNSON USA TODAY

Washington — The Justice Department’s inspector general Thursday announced a widerangin­g review of the FBI’s handling of its inquiry into former Secretary of State Hillary Clinton’s email use, exhuming a series of events that the Democratic presidenti­al nominee claimed helped doom her bid for the White House.

Inspector General Michael E. Horowitz said the review was prompted by requests from federal lawmakers and members of the public.

The internal inquiry will examine whether the Justice Department and FBI followed establishe­d “policies and procedures” when FBI Director James Comey publicly announced in July that the bureau would not recommend criminal charges against then Democratic nominee Clinton related to her use of a private email server while at the State Department.

The recommenda­tion was quickly accepted by Attorney General Loretta Lynch, who had effectivel­y ceded control of the inquiry to the FBI director after she met briefly with former president Bill Clinton before the conclusion of the investigat­ion.

Horowitz also will review the explosive series of events in the days immediatel­y before the November general election when Comey announced Oct. 28 that the bureau was reopening the inquiry after a new cache of emails was discov-

ered during a separate federal review that targeted former Rep. Anthony Weiner, the estranged husband of top Clinton aide Huma Abedin. Weiner has been the subject of an investigat­ion into alleged sexually charged communicat­ions with a young girl.

The re-opened inquiry was closed Nov. 6 — just two days before election day — but Clinton has blamed the episode as contributi­ng to her election loss to President-elect Donald Trump.

The FBI director’s action in October went against long-establishe­d Justice and FBI policy not to take action in close proximity to an election that could influence the vote. Comey’s late October decision also went against the counsel of the attorney general.

The inspector general’s review will not evaluate the merits of the now-closed criminal inquiry or challenge the conclusion­s not to prosecute Clinton. Rather, it will focus on Justice and FBI policies that guided the probe.

Unless Trump pursues the removal of the inspector general (the agency watchdogs serve at the pleasure of the president), the review virtually ensures that the campaign drama that resulted in Trump’s election will live on into the new administra­tion. It

also threatens to cast an even more critical light on Comey’s actions.

“The review will not substitute the (inspector general’s) judgment for the judgments made by the FBI or the Department (of Justice) regarding the substantiv­e merits of investigat­ive or prosecutiv­e decisions,” the inspector general said in a written statement. “Finally, if circumstan­ces warrant, the OIG will consider including other issues that may arise during the course of the review.”

Horowitz also is expected to review whether Justice or FBI personnel “improperly disclosed nonpublic informatio­n” during the series of the events that included the late October disclosure of the reopened Clinton inquiry.

Immediatel­y after notifying Congress that he was reopening the Clinton probe, the director became the target of withering criticism for departing from long-standing Justice Department policy against taking politicall­y charged actions in close proximity to an election. The actions also exposed sharp divisions within the bureau.

Among the sharpest rebukes came from former Attorney General Eric Holder, who was among nearly 100 former Justice officials who expressed their objections in a letter soon after the action.

In a statement Thursday, Comey said he was “grateful” that the inspector general was taking on such a review and he pledged to “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,” Comey said.

Former Clinton spokesman Brian Fallon said that while the campaign “certainly publicly questioned Director Comey’s action,” Clinton officials did not request the inspector general’s inquiry. Yet he said such a review was “encouragin­g and utterly necessary in order to take the first step to restore the FBI’s reputation as a nonpartisa­n institutio­n.”

Republican and Democratic lawmakers also largely welcomed the inspector general’s action.

“It is in the public interest to provide a full accounting of all the facts that led to the FBI and Justice Department’s decision-making regarding the investigat­ion,” Senate Judiciary Chairman Charles Grassley (R-Iowa) said.

Reps. John Conyers and Elijah Cummings, ranking Democrats on the House Judiciary and House Oversight and Government Reform committees, also had sought an examinatio­n by the inspector general.

“Our citizens must be able to trust that the FBI, our chief federal law enforcemen­t agency, is nonpartisa­n and does not insert itself into the electoral process,” the congressme­n said in a joint statement.

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