The thing to understand, what has always been the most important thing to understand, is that Jim Comey was out in front, but he was not calling the shots.
On the right, the commentariat is in full-throttle outrage over the revelation that former FBI Director Comey began drafting his statement exonerating Hillary Clinton in April 2016 – more than two months before he delivered the statement at his now famous July 5 press conference.
The news appears in a letter written to new FBI Director Christopher Wray by two senior Senate Judiciary Committee Republicans, Chairman Chuck Grassley and Senator Lindsey Graham. Pundits and the Trump administration are shrieking because this indicates the decision to give the Democrats’ nominee a pass was clearly made long before the investigation was over, and even long before key witnesses, including Clinton herself, were interviewed.
It shows, they cry, that the fix was in!
News Flash: This is not news.
Let’s think about what else was going on in April 2016. I’ve written about it a number of times over the last year-plus, such as in a column a few months back:
On April 10, 2016, President Obama publicly stated that Hillary Clinton had shown “carelessness” in using a private e-mail server to handle classified information, but he insisted that she had not intended to endanger national security (which is not an element of the [criminal statutes relevant to her e-mail scandal]). The president acknowledged that classified information had been transmitted via Secretary Clinton’s server, but he suggested that, in the greater scheme of things, its importance had been vastly overstated.
This is precisely the reasoning that Comey relied on in ultimately absolving Clinton, as I recounted in the same column:
On July 5, 2016, FBI director James Comey publicly stated that Clinton had been “extremely careless” in using a private email server to handle classified information, but he insisted that she had not intended to endanger national security (which is not an element of the relevant criminal statute). The director acknowledged that classified information had been transmitted via Secretary Clinton’s server, but he suggested that, in the greater scheme of things, it was just a small percentage of the emails involved.
Obama’s April statements are the significant ones. They told us how this was going to go. The rest is just details.
In his April 10 comments, Obama made the obvious explicit: He did not want the certain Democratic nominee, the candidate he was backing to succeed him, to be indicted. Conveniently, his remarks (inevitably echoed by Comey) did not mention that an intent to endanger national security was not an element of the criminal offenses Clinton was suspected of committing – in classic Obama fashion, he was urging her innocence of a strawman crime while dodging any discussion of the crimes she had actually committed.
As we also now know – but as Obama knew at the time – the president himself had communicated with Clinton over her non-secure, private communications system, using an alias. The Obama administration refused to disclose these several e-mail exchanges because they undoubtedly involve classified conversations between the president and his secretary of state. It would not have been possible to prosecute Mrs. Clinton for mishandling classified information without its being clear that President Obama had engaged in the same conduct. The administration was never, ever going to allow that to happen.
What else was going on in May 2016, while Comey was drafting his findings (even though several of the things he would purportedly “base” them on hadn’t actually happened yet)? Well, as I explained in real time (in a column entitled “Clinton E-mails: Is the Fix In?”), the Obama Justice Department was leaking to the Washington Post that Clinton probably would not be charged – and that her top aide, Cheryl Mills, was considered a cooperating witness rather than a coconspirator.