New Year’s Eve gets people thinking about resolutions. Alas, when a year passes, a mothballed prosecutor finds himself thinking about the statute of limitations. As 2018 beckons, it has me thinking about Paul Combetta — the Platte River Networks technician who used the “BleachBit” program to destroy thousands of Hillary Clinton’s emails when they were under congressional subpoena and preservation orders.
It is not just the tick-tock of the criminal clock that has me thinking about Combetta — about how much longer his obstructive destruction of government files in March 2015 could still be subject to investigation and prosecution. The statute of limitations is five years. Time’s a-wastin’, but there could still be a live case for a while.
The other reason Combetta leaps to the front of the mind is . . . Robert Mueller.
Deputy Attorney General Rod Rosenstein assures us that Special Counsel Mueller is doing a first-rate job probing the possible (but thus far undiscovered) complicity of Trump associates in Russia’s election meddling. That being the case, I’m wondering: Would the Trump Justice Department be up for applying Mueller’s approach to the Clinton caper?
No, I’m not suggesting that DOJ direct the FBI to break into Mr. Combetta’s home with guns drawn in the dead of night, as Mueller did with former Trump campaign chairman Paul Manafort. I’d save the brass-knuckles tactics for hardened criminals, as the law intends. I’m talking about the aggressive but wholly legitimate step Mueller has taken: Calling BS on attempts by criminal suspects to use lawyers to conceal their schemes.
Back in November, we catalogued the stark contrasts between Mueller’s brand of hardball and the kid-gloves treatment given to subjects of the Clinton-emails investigation. The most significant of these involved the attorney–client privilege. Mueller persuaded a federal judge to force an attorney for Manafort and his co-defendant (Richard Gates) to testify against them in the grand jury.
Naturally, the defense attempted to rely on the attorney–client privilege to shield communications between the lawyer and the suspects from disclosure. But Mueller successfully countered that, under the crime-fraud exception to that privilege, communications are not deemed confidential if they are in furtherance of a crime, fraud, or civil wrong — which includes a scheme to dupe the government or undermine an investigation.