I’m taking a “wait and see” attitude on FBI agent Peter Strzok, who is now enmeshed in a political storm involving both the Clinton and the Trump investigations. You know why? Well . . . it’s because I can’t stand the Clintons.
What difference does that make? Well, because I didn’t like them any better in 2001.
That was when I used to run the satellite U.S. attorney’s office for the Southern District of New York — the office based in White Plains that oversees federal law enforcement in six counties north of the Bronx. This venue gave me supervision for a time over a piece of the Clinton pardons investigation, the probe that arose out of clemency grants Bill Clinton issued in the last hours of his presidency. One involved four defendants convicted of a massive financial fraud in New Square (which is in Rockland County). They were members of a Hasidic upstate community that tended to vote as a bloc, and so the theory was that Clinton had commuted their prison sentences in exchange for the community’s electoral support for his wife, Hillary Clinton, who then was running for the Senate.
As readers of these columns may recall, I believe the Clinton pardons were deeply corrupt, and that the officials involved in them should never again have been permitted to hold positions of public trust. But whether people are fit for political office is a very different question from whether they should be subjected to a federal criminal prosecution. On that question, I was a strong “no.”
It didn’t matter how I felt about Bill and Hillary personally or politically — which was no secret to my law-enforcement friends and colleagues. This was a strict legal matter, and my sworn duty, like that of every other Justice Department prosecutor, was to enforce the law without fear or favor. President Clinton had the unreviewable authority to grant clemency. While the unsavory rationale for the commutations was obvious, it was far from clear that a politically motivated pardon was actionable, even if we could prove beyond a reasonable doubt that there had been a corrupt quid pro quo arrangement — which we couldn’t. End of story.