What’s The FBI Hiding That Triggered A Congressional Subpoena?

Tyler Durden's picture

Submitted by Andrew Napolitano via LewRockwell.com,

Earlier this week, Republican leaders in both houses of Congress took the FBI to task for its failure to be transparent. In the House, it was apparently necessary to serve a subpoena on an FBI agent to obtain what members of Congress want to see; and in the Senate, the chairman of the Judiciary Committee accused the FBI itself of lawbreaking.

Here is the back story.

Ever since FBI Director James Comey announced on July 5 he was recommending that the Department of Justice not seek charges against former Secretary of State Hillary Clinton as a result of her failure to safeguard state secrets during her time in office, many in Congress have had a nagging feeling that this was a political, not a legal, decision. The publicly known evidence of Clinton’s recklessness and willful failure to safeguard secrets was overwhelming. The evidence of her lying under oath about whether she returned all her work-related emails that she had taken from the State Department was profound and incontrovertible.

And then we learned that people who worked for Clinton were instructed to destroy several of her mobile devices and to remove permanently the stored emails on one of her servers. All this was done after these items had been subpoenaed by two committees of the House of Representatives.

Yet the FBI — which knew of the post-subpoena destruction of evidence and which acknowledged that Clinton failed to return thousands of her work-related emails as she had been ordered by a federal judge to do, notwithstanding at least three of her assertions to the contrary while under oath — chose to overlook the evidence of not only espionage but also obstruction of justice, tampering with evidence, perjury and misleading Congress.

As if to defend itself in the face of this most un-FBI-like behavior, the FBI then released to the public selected portions of its work product, which purported to back up its decision to recommend against the prosecution of Clinton. Normally, the FBI gathers evidence and works with federal prosecutors and federal grand juries to build cases against targets in criminal probes, and its recommendations to prosecutors are confidential.

But in Clinton’s case, the hierarchy of the Department of Justice removed itself from the chain of command because of the orchestrated impropriety of Attorney General Loretta Lynch and Bill Clinton, who met in private on the attorney general’s plane at a time when both Bill and Hillary Clinton were subjects of FBI criminal investigations. That left the FBI to have the final say about prosecution — or so the FBI and the DOJ would have us all believe.

It is hard to believe that the FBI was free to do its work, and it is probably true that the FBI was restrained by the White House early on. There were numerous aberrations in the investigation. There was no grand jury; no subpoenas were issued; no search warrants were served. Two people claimed to have received immunity, yet the statutory prerequisite for immunity — giving testimony before a grand or trial jury — was never present.

Because many members of Congress do not believe that the FBI acted free of political interference, they demanded to see the full FBI files in the case, not just the selected portions of the files that the FBI had released. In the case of the House, the FBI declined to surrender its files, and the agent it sent to testify about them declined to reveal their contents. This led to a dramatic service of a subpoena by the chairman of the House Oversight and Government Reform Committee on that FBI agent while he was testifying — all captured on live nationally broadcast television.

Now the FBI, which usually serves subpoenas and executes search warrants, is left with the alternative of complying with this unwanted subpoena by producing its entire file or arguing to a federal judge why it should not be compelled to do so.

On the Senate side, matters are even more out of hand. There, in response to a request from the Senate Judiciary Committee, the FBI sent both classified and unclassified materials to the Senate safe room. The Senate safe room is a secure location that is available only to senators and their senior staff, all of whom must surrender their mobile devices and writing materials and swear in writing not to reveal whatever they see while in the room before they are permitted to enter.

According to Sen. Chuck Grassley, chairman of the Senate Judiciary Committee, the FBI violated federal law by commingling classified and unclassified materials in the safe room, thereby making it unlawful for senators to discuss publicly the unclassified material.

Imposing such a burden of silence on U.S. senators about unclassified materials is unlawful and unconstitutional. What does the FBI have to hide? Whence comes the authority of the FBI to bar senators from commenting on unclassified materials?

Who cares about this? Everyone who believes that the government works for us should care because we have a right to know what the government — here the FBI — has done in our names. Sen. Grassley has opined that if he could reveal what he has seen in the FBI unclassified records, it would be of profound interest to American voters.

What is going on here? The FBI investigation of Hillary Clinton has not served the rule of law. The rule of law — a pillar of American constitutional freedom since the end of the Civil War — mandates that the laws are to be enforced equally. No one is beneath their protection, and no one is above their requirements. To enforce the rule of law, we have hired the FBI.

What do we do when the FBI rejects its basic responsibilities?

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Sirius Wonderblast's picture

I think it's bloody obvious what's going on.

Joebloinvestor's picture

Yet here we sit after people who are given immunity, clam up and their immunity deals aren't voided.



Infocat's picture

I have lost all faith in the system a long time ago. Now we need a new country and a new Religion. http://www.truthjustice.net/politics/esoteric-kekism-is-a-religion-of-pe...

FGH's picture

Congress has a unique, history making opportunity here:

Impeach a POTUS BEFORE they are even elected (or selected) for office.

MillionDollarBonus_'s picture

So let me get this straight ... conservatives believe that every reputable media outlet, the FBI, the supreme court, the Attorney General, the President and numerous CEOs of top corporations are all conspiring together to promote Hillary and stop Trump? That has to be the mother of all conspiracy theories! How is it possible for so many disparate groups of people to be colluding in secret? An alternative, more rational explanation is that all of these people are smart enough to see that Hillary is the only viable choice for the Presidency. But understanding this would require common sense, which unfortunately seems to be in short supply on this site.


Dormouse's picture

They're not colluding in secret, dunce. You need only a pulse and a fist full of neurons to observe the open media bias and cronyism. I guess you get paid no matter what stupid bullshit you write, but at least you don't upvote yourself.

We tried "diversity" at my business; shit wound up being poorly made, shit took longer to make at that lower quality, and those fucking monkeys were stealing my tools and materials one piece at a time like Johnny Cash.

Backin2006's picture

A million dollar bonus?! I had no idea the NSA paid trolls that much!

83_vf_1100_c's picture

  only a mil? That is so 90's. The new gold standard is $125 mil. Fuck off already MDB.

Stackers's picture

Why does no Senator or Rep. simply get up on the floor of the House and say what they know from these unclassified materials ?


Members of the United States Congress enjoy a similar parliamentary privilege as members of the British Parliament; that is, they cannot be prosecuted for anything they say on the floor of the House or Senate. They also enjoy the right to be present in Congress: that is, they may be in prison or jail the rest of the time, but they have the right to attend Congressional sessions, speak on the floor, vote, etc. These rights are specified in the Constitution and have been fairly uncontroversial in U.S. history. Courts have consistently interpreted them very narrowly.

eatthebanksters's picture

Chicago organized crime is running our country...time to shut it down!!!

auricle's picture

Clintons email server administrators were given immunity by the FBI so they would not have to answer questions from congress or courts. Immunity was not used to compel them to tell the truth. I hope congress does something about this. The corruption is so bad...

wombats's picture

Jeez.  Give it up already.  Anyone with two functioning brain cells can see that Hillary is as guilty as the day is long and deserves to be in jail for a very long time, but it should also be obvious that she will never be prosecuted for anything and will almost certainly be the next 'President' of the USofA whether by hook or crook.  TPTB will allow nothing less.

UnacknowledgedX's picture

Re: “A million dollar bonus?! I had no idea the NSA paid trolls that much!”

Check out who is offering a Bounty of one ton per head, in gold.


Tick tock . . . 

Rockatanski's picture

 "You need only a pulse and a fist full of neurons to observe the open media bias and cronyism"....

LOL...good one but not everyone in this country even has that many!

Carpe Tutti Bastardi's picture

Why get yourself all exorcised over this unfunny troll who manages to get

everybody's goat and who seems to enjoy riling up an issue...who otherwise

wouldn't bother any longer if he were ignored.

Dormouse's picture

I barely broke a sweat. And if diversity of ideas means I get to downvote him everyday usually without even reading his tripe, then so be it.

DuneCreature's picture

Hopefully MillonDollarBoner gets paid by the post and not by the vote or everyone of us that arrows the moron is contributing to his erection fund.

Live Hard, You Never Know How A Paid Shill's Compensation Package Might Read, Die Free

~ DC v2.0


Offthebeach's picture

Lefty pukes, parasites, boot licking favor seekers and chin dribbled gulpers at the puplic teat, are forever decring American excepualism.
So it can't happen here. Unless Trump gets in, then it can happen here. Or not. Or yes, no, yes....
It depends if it advances, or in MDB's case, retards the argument.l

BabaLooey's picture

Then why come here?

Your daily spew of effuliva has long past it's effectiveness.

Your satire is old and stupid.

This is my last retort post to you. A waste of time, since whoever you are (I suspect one of the Tyler's, laughing his/her/their ass(es) off at the click baiting) are devoid of any "common sense".

I'll just auto-down vote your shit-posts and move on, knowing the post contains sewage.

As my PaPa used to say; "The only problem with common sense is that it isn't too common"

Krungle's picture

Wait, what reputable media outlets have been colluding for Hillary?

bh2's picture

Well, MDB, the FBI can overcome that mis-impression simply by complying with the entirely lawful demand of congress to see the files for themselves. The President can assert executive privilege, of course, but he would have to explain why he believes oversight of a conduct of a criminal investigation infringes his authority. And a court would have to accept that claim. Could be interesting to watch.

If you're right, of course, the unredacted evidence will show no fire produced all that smoke.

Or did, as the case may be.

joeyman9's picture

"How is it possible for so many disparate groups of people to be colluding in secret?"

Don't they all lose if the system under which they came up under goes away?  Don't they have an interest to protect and defend things just the way they are now?


joeyman9's picture

"How is it possible for so many disparate groups of people to be colluding in secret?"

Don't they all lose if the system under which they came up under goes away?  Don't they have an interest to protect and defend things just the way they are now?


scsherman's picture
scsherman (not verified) FGH Sep 16, 2016 11:30 AM

How are they going to impeach the President when they can't even impeach the head of the IRS. The kangaroo courts of Congress are in on the fix. They make a big public spectacle to show they did something, without acutally following through on anything and holding people accountable.

Carpe Tutti Bastardi's picture

"How are they going to impeach the President when they can't even impeach the head of the IRS".

Why would they impeach the President when they won't even impeach the head of the IRS.

ChanceIs's picture

I am sure that you are just being "clever."  You forgot your /sarcoff.  I share the sentiment, believe me.



I learned a while through Judicial watch that Hillary can be impeached for her criminality as Secretary of State!!!!  You scoff.  What good would that do you ask????  Plenty.  If you are impeached and convicted YOU CANNOT HOLD PUBLIC OFFICE AGAIN!!!!  Tom Fitton, JW president, gets in Congremembers face about this.  They puke on their shoes at the mere thought.  Another reason Hillary can't be president.  She would be continuously liable for impeachment for previoius misdeeds.  

If this doesn't make you vote for Trump, then you are hopeless.  Why?  Because this is bare knuckle politics and anything goes.  The Paul Ryan and Pubs should have filed impeachment proceedings long ago.  But yhey haven't.  Why?  Because there is no difference between them and the Dems.  Hillary means they keep their wretched jobs.  They might still keep them with Trump, but the deal will certainly....as with NAFTA...be renogotiated.

I think Fitton's discussion of impeachment is in here.  Regalrdless it is worth the listen  Support Judicial Watch by buying Fitton's new book.  God bless him.

Judicial Watch President Tom Fitton Discussing New Clinton Emails Found


The Saint's picture
The Saint (not verified) Infocat Sep 16, 2016 11:00 AM

I believe it is time for a re-start.  We need to trim this governnment way back and prosecute EVERY politician who enriches himself and his relatives with taxpayer dollars.

Failing that. We need to completely abolish the current government and start over.


YHC-FTSE's picture

I was looking at the 9/11 memorial the other day thinking it is the perfect size to throw into the giant water pit all the criminal banksters, oligarchs, politicians, neocon zionists, the media whores and their minions in the federal agencies with room left over for the Saudis and Mossad.

sanjuandon's picture

constitutional convention.  voting in new a-holes has done nothing over the last 60 years.  constitutional convention to re-assert states rights and reduce the scope of government is the best thing to do.  they will fight it tooth and nail but its the only way to go.

SgtShaftoe's picture

Advocating for a constitutional convention is like arguing to lock your wife and daughter(s) in a locked room full of convicted horny rapists for a year. Think about how that could possibly go fucking wrong... 

jeff montanye's picture

correct, one amendment at a time.  the zios would pack it and christ jesus only knows what vile evil they would do.

ATM's picture

We only need to rid ourselves of all the federal laws. Trim everything bsck to the Constitution and dump all the amendments after the 10th.

Do some simple rewrites on what's left and add a simole 11th amendment: all laws are removed from the books on the 1st day of each vicenniel.

Arnold's picture

My 5th  Amendment right has been nullified by the immunity actors in this drama.

They should write a Law and Order about it and bring back Jerry Orbach.

StychoKiller's picture

I believe Jerry Orbach is in the grave.

Fester's picture



doctor10's picture

he "law" would appear to be whatever the Clinton Foundation "The Law" is whatever the Clinton Foundation says it is this week

For anybody paying attention on July 5th, basically the 240th anniversary of the Republic, the Clinton Foundation administered the coup de grace to the American government.

The Clinton Foundation managed to nullify 6 federal laws on behalf of their candidate, and in so doing gut Congress and the FBI-in public.

The Clinton Foundation has totally pwned Fed.gov. In every sense of the meaning.

There's a reason 30,000 emails can never be read by anybody outside the Foundation. They detail the individuals and organizations making it all happen.

torabora's picture

What do you do with a lawless justice obstructing FBI?..Well you can drain the swamp at the FBI. Then you court shame the perps and move on.

Elliptico's picture

Hank Pauslon banana republic.

withglee's picture

Normally, the FBI gathers evidence and works with federal prosecutors and federal grand juries to build cases against targets in criminal probes, and its recommendations to prosecutors are confidential.

And normally there are prosecutors. Nothing normal here.

jeff montanye's picture

true enough.  normally secret service accompanies presidential candidates but not last sunday at chelsea's hospital away from home.

withglee's picture

but not last sunday at chelsea's hospital away from home.

What evidence is there of that? A candidate can't just drop their Secret Service protection. It's there by law (such as it is). It's there to protect the transition of government ... not the candidate ... just like a fuse in fuse box protects the wiring, not the device connected to the wire.

buzzsaw99's picture

the fbi and doj take orders from the president who takes orders from the maggots. the congress is a joke.

Maybe I don't give a shit. Maybe I don't remember the last time I blew my nose either. Who the fuck are you, I should remember you? What, you think you like me? You ain't like me motherfucker. You a punk. I've been with made people, connected people. Who you been with? Chain-snatching, jive-ass, maricon motherfuckers. Why don't you get lost? Go ahead, snatch a purse. Come on, take a fuckin' walk. [/Carlito]

Muad'Grumps's picture

Do we need a FBI? CIA? NSA? District of Columbia? Come on Texas. Secede!

Crash Overide's picture

No confidence in government...

Who do we call to arrest these folks, would it be the US Marshals?

SWRichmond's picture

Who do we call to arrest these folks, would it be the US Marshals?

Ballot box, jury box, cartridge box.  Got balls?

jeff montanye's picture

that would look good on a tee shirt. three line and four line versions.

The Duke of New York A No.1's picture

Hillary is a Made-Member Consigliere ... Comey is just a Soldier.