The new year brings many a revisiting of the Hillary Clinton email server case, including one at the hands of the Justice Department inspector general (that’s where all those FBI text messages are coming from), though his inquiry likely defines the matter too narrowly to get at the really important issues.
We should also stress that some kind of a revisiting would bedevil a Clinton administration now if Hillary Clinton had been elected instead of Donald Trump.
Way back in 2014, had Mrs. Clinton returned her “personal” emails and devices to the State Department instead of destroying them, it would have closed matters for most Americans.
After all, the Obama administration knew of and condoned her private server, amounting to an implicit endorsement of her unorthodox handling of classified materials.
But she didn’t, and the administration was not about to prosecute its heir apparent, especially after she became the sole alternative to Bernie Sanders and then Donald Trump.
President Obama’s public statements on the case could not have been clearer. He essentially directed his Justice Department that Mrs. Clinton did nothing wrong, as arguably a president is entitled to do.
The part that never made sense was why FBI Director James Comey intervened to do the president’s bidding so the Justice Department wouldn’t have to.
It was unnecessary and improper. Whatever its wisdom, no serious person of either party believes the outcome was anything but predetermined. Mr. Comey simply intruded himself as a more plausible vehicle to carry out the administration’s will on the “matter” than Attorney General Loretta Lynch would have been. That much is clear by applying even the minimalist interpretation to the text messages of his lead investigator on the case, Peter Strozk, as well as other evidence surfaced by the Justice Department’s inspector general.
Mr. Comey gave different reasons in public and private for his action. In closed congressional session, he pointed to intercepted Russian intelligence that he said could be used to discredit the Justice Department. That is, he relied on information from one or more U.S. intelligence agencies. It doesn’t tax the imagination to suppose Mr. Comey and fellow intelligence officials were operating on a shared premise that a Clinton presidency was inevitable and needed to be protected from email-related risks.
Since then, Obama intelligence officials have leaked intelligence and planted scurrilous innuendo about Mr. Trump, apparently aimed at giving credibility to the “collusion” narrative and discrediting his victory. But what Mr. Comey did was worse. Again, I’m not saying it was realistic or desirable that Mrs. Clinton be prosecuted, but the choice not to prosecute was a political decision that the Obama administration and Obama Justice Department had a duty to make and to own. CONTINUE AT SITE