RUTHFULLY YOURS

We wrote Monday that many liberals believe that defeating Donald Trump justifies anything, and right on time comes the egregious Eric Schneiderman. The New York Attorney General delivered his own personal October surprise for Hillary Clinton by announcing a supposed scandal over Mr. Trump’s charitable foundation.

Mr. Schneiderman’s office, in a letter sent Friday and released Monday, ordered the Donald J. Trump Foundation to cease raising money in New York. According to the letter, the Trump outfit is not correctly registered in the state to solicit funds.

The AG gave the foundation 15 days to turn over reams of paper, including audited financial statements and annual financial reports going back many years. Mr. Schneiderman warned in his letter that failure to comply will be deemed a “fraud upon the people of the state of New York.”

The announcement is Mr. Schneiderman’s latest misuse of his prosecutorial authority to attack his political enemies. The AG’s office first announced it was “investigating” Mr. Trump in mid-September—the better to begin a round of bad headlines—and has also been touting its inquiry into Trump University. While it’s possible the Trump Foundation has violated in some way “section 172 of Article 7-A New York’s Executive Law,” it’s notable that the best Mr. Schneiderman could drum up by way of “fraud” was a paperwork technicality.

The bigger point is timing. Mr. Schneiderman’s cease-and-desist order, coming a month before a general election, smells like partisan politics. The AG has endorsed Mrs. Clinton and sits on the Democratic nominee’s New York “leadership council,” which the Clinton campaign describes as the “in-state leadership” for her campaign, charged with “amplifying the campaign’s national voice to New York families” and “aiding the campaign with rapid response.”

Mr. Schneiderman’s prosecution of her opponent certainly qualifies as “rapid.” He could easily have waited until Nov. 9 to divulge his investigation and unveil his order. If the Trump Foundation has been deficient with its paperwork for as long as the AG’s office says, a few more weeks of delay would hardly hurt.

“To the public it will appear that Schneiderman acted not in the interest of his client, the State, but for whatever influence his announcement might have on the election outcome,” NYU School of Law Professor Stephen Gillers told LawNewz.com, and Mr. Gillers is no conservative. CONTINUE AT SITE

In a nutshell, the Federal Bureau of Investigation and the Justice Department permitted Hillary Clinton’s aide Cheryl Mills — the subject of a criminal investigation, who had been given immunity from prosecution despite strong evidence that she had lied to investigators — to participate as a lawyer for Clinton, the principal subject of the same criminal investigation. This unheard-of accommodation was made in violation not only of rudimentary investigative protocols and attorney-ethics rules, but also of the federal criminal law.

Yet, the FBI and the Justice Department, the nation’s chief enforcers of the federal criminal law, tell us they were powerless to object.

Seriously?

In his testimony this week before the House Judiciary Committee, FBI director James Comey inveighed against critics who have slimed the Bureau as “weasels” over its handling of the Clinton e-mails investigation. I am not one of those people. After a quarter-century in the trenches with the Bureau as a prosecutor, I am one of those hopeless romantics who love the FBI and harbor real affection for the director himself.

I genuinely hate this case. I don’t mind disagreeing with the Bureau, a not infrequent occurrence in my former career. But I am hardwired to presume the FBI’s integrity. Thus, no matter how much irregularities in the Clinton investigation have rankled me, I’ve chalked them up to the Bureau’s being hamstrung. There was no chance on God’s green earth that President Obama and his Justice Department were ever going to permit an indictment of Hillary Clinton. Jim Comey says he didn’t make his final decision to recommend against prosecution until after Mrs. Clinton was interviewed at the end of the investigation, and that he did not coordinate that decision with his Obama-administration superiors. If he says so, that’s good enough for me. But it doesn’t mean the director made his decision detached from the dismal reality of the situation. And whatever one’s armchair-quarterback view on how he should have handled it, that reality was not of his making.

But just as Director Comey rightly objects to being regarded as a weasel, I don’t much like being regarded as an idiot . . . which is what I’d have to be to swallow some of this stuff.

The FBI absolutely has control over who may be present at an interview with a subject of an investigation. There are a variety of reasons for this, but the most basic one is that an interview never has to happen unless the FBI consents to it.

In his testimony, Comey kept stressing that Mrs. Clinton’s interview was “voluntary” — contending that since she was not required to submit to it, she could impose any conditions on her agreement to do so. That is nonsense. The interview was voluntary on both sides. The FBI is never required to indulge conditions that make a mockery of its serious business.

In this regard, Comey is like a guy who ties his own hands behind his back and then says he was powerless to defend himself. If Clinton declined to submit to an FBI interview unless Mills (or the similarly situated lawyer Heather Samuelson) was permitted to be present, the investigators could simply have handed her a grand-jury subpoena. They could then have politely directed her to a chamber where she would be compelled to answer questions — under oath and all by her lonesome, without any of her lawyer legion in attendance.

But, you see, in this investigation — unlike every other major criminal investigation in which the government tries to make the case rather than not make the case — the Justice Department declined to convene a grand jury.

Arcan Cetin faces five counts of murder after his shooting rampage at a Seattle-area mall last week. But he also turns out to be a non-citizen who has voted three times in state elections since 2014. Liberals claim non-citizen voting fraud is extremely rare, but Cetin’s case should cast light on both just how easy it is to commit and the efforts of federal and state officials to block efforts to uncover it.

Cetin, who is from Turkey, is a legal resident of the United States but not a citizen. In 2014, he registered to vote and voted three times, most recently in May’s presidential primary. Washington State, like all but a handful of states, doesn’t require any proof of citizenship. “Our hands are kind of tied,” Secretary of State Kim Wyman told a Seattle TV station, noting that the state doesn’t allow verification of a person’s citizenship for voting purposes. “But make no mistake,” she adds. “We want to make sure that everybody has confidence that people casting ballots are eligible. This is certainly going to be a topic at the next legislative session.” Local registrars can currently use a database to check the age and residence of people who register to vote, but a person’s claim to be a citizen is based on the honor system.

The problem is that not all non-citizens are honorable — or they may be led astray in being told they can vote. In our 2012 book Who’s Counting: How Fraudsters and Bureaucrats Put Your Vote at Risk​, Hans von Spakovsky and I noted numerous cases of non-citizen registration and voting all over the country.

In 2014, a study released by three professors at Old Dominion University and George Mason University, based on survey data from the Cooperative Congressional Election Study, estimated that 6.4 percent of non-citizens voted illegally in the 2008 presidential election and that 2.2 percent voted in the 2010 midterm congressional elections.

Since 80 percent of non-citizens vote Democratic, according to the study, non-citizen participation could have “been large enough to change meaningful election outcomes including Electoral College votes [in North Carolina in 2008], and congressional elections,” such as the 2008 race in Minnesota in which Al Franken was elected to the U.S. Senate, giving Senate Democrats the pivotal 60th vote to pass Obamacare.

The authors’ paper is consistent with other credible reports of non-citizen voting. In 2005, the U.S. Government Accountability Office found that up to 3 percent of the 30,000 people who were called for jury duty from voter-registration rolls over a two-year period in one of the 94 current U.S. district courts were non-citizens. In 2012, a local NBC station in Fort Myers, Fla., found that at least 100 individuals in one county had been excused from jury duty because they were not citizens but were registered to vote. Many had also voted in some elections.

But federal agencies refuse — in direct violation of federal law — to provide citizenship data to state election officials who attempt to verify citizenship status. Kansas and Arizona have put in place new commonsense proof-of-citizenship requirements for registration to prevent illegal voting, but they have been fought tooth and nail by Obama’s Justice Department. The DOJ is even using strong-arm methods to intervene in a lawsuit challenging the right of the U.S. Election Assistance Commission to allow states to require proof of citizenship when registering. Rather than fulfill its duty to represent a federal agency, the DOJ is siding with the League of Women Voters and the NAACP in the case. A federal judge, Richard Leon, has already been rebuked by the DOJ for its “unprecedented” and “extraordinary” refusal to defend a federal agency and its decision instead to side with the plaintiffs suing it.

Take Virginia, where last year Democratic governor Terry McAuliffe vetoed a bill that would have required jury commissioners to forward information to election officials on individuals who were excused from jury duty for not being a citizen. Then James Alcorn, one of McAuliffe’s two Democratic appointees on the Virginia Board of Elections, proposed that rules be changed so that people who left the citizenship question unanswered on the voter-registration form would still be allowed to register. A few years ago, the Fairfax County Electoral Board found close to 300 non-citizens who had illegally registered, about half of whom had also illegally voted in prior elections. No action was taken to prosecute any of those non-citizens.

In a nutshell, the Federal Bureau of Investigation and the Justice Department permitted Hillary Clinton’s aide Cheryl Mills — the subject of a criminal investigation, who had been given immunity from prosecution despite strong evidence that she had lied to investigators — to participate as a lawyer for Clinton, the principal subject of the same criminal investigation. This unheard-of accommodation was made in violation not only of rudimentary investigative protocols and attorney-ethics rules, but also of the federal criminal law.

Yet, the FBI and the Justice Department, the nation’s chief enforcers of the federal criminal law, tell us they were powerless to object.

Seriously?

In his testimony this week before the House Judiciary Committee, FBI director James Comey inveighed against critics who have slimed the Bureau as “weasels” over its handling of the Clinton e-mails investigation. I am not one of those people. After a quarter-century in the trenches with the Bureau as a prosecutor, I am one of those hopeless romantics who love the FBI and harbor real affection for the director himself.

I genuinely hate this case. I don’t mind disagreeing with the Bureau, a not infrequent occurrence in my former career. But I am hardwired to presume the FBI’s integrity. Thus, no matter how much irregularities in the Clinton investigation have rankled me, I’ve chalked them up to the Bureau’s being hamstrung. There was no chance on God’s green earth that President Obama and his Justice Department were ever going to permit an indictment of Hillary Clinton. Jim Comey says he didn’t make his final decision to recommend against prosecution until after Mrs. Clinton was interviewed at the end of the investigation, and that he did not coordinate that decision with his Obama-administration superiors. If he says so, that’s good enough for me. But it doesn’t mean the director made his decision detached from the dismal reality of the situation. And whatever one’s armchair-quarterback view on how he should have handled it, that reality was not of his making.

A professor of law at George Washington University is expressing grave concern over the “bizarre” way in which the FBI handled the Clinton email investigation.

Respected legal scholar Jonathan Turley had previously opined that “FBI Director James Comey was within accepted lines of prosecutorial discretion in declining criminal charges,” even though he believed that charges could have been brought. Now, due to recent revelations that the Department of Justice handed out at least five immunity deals, Turley believes the matter is a “legitimate matter of congressional concern and investigation.”
The Five Clinton Aides Covering for Her Who Were Granted Immunity

Turley writes at his blog, “the news of the immunity deals (and particularly the deal given top ranking Clinton aide Cheryl Mills) was baffling and those deals seriously undermined the ability to bring criminal charges in my view.”

Now, Comey has testified before both the Senate and the House. His answers only magnified concerns over the impact and even the intent of granting immunity to those most at risk of criminal charges.

Before his testimony in the House, Comey spoke in the Senate and stated that he gave immunity to Mills because she refused to turn over her laptop — a highly dubious rationale, as I previously discussed.

First the timeline is now becoming clear and it makes the immunity deal even more bizarre given what the FBI knew [about] Colorado-based tech specialist Paul Combetta and Clinton aides Cheryl Mills and IT specialist Bryan Pagliano.

In July 2014 , then-chief of staff Cheryl Mills was told that Clinton’s emails were being sought.

On July 23, 2014 Combetta got a call from Mills on the server and emails.

On July 24, 2014, Combetta received an email from Clinton IT specialist Pagliano.

On July 24, Combetta then went online to Reddit to solicit help on stripping out “a VIP’s (VERY VIP) email address from a bunch of archived emails.” He revealed that “they don’t want the VIP’s email address exposed to anyone.”