Trying to unmake a case

At National Review, Andrew McCarthy points out that it was Obama who wrote the script for Comey in April 2016.

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.



This was the start of a series of Justice Department shenanigans we would come to learn about: Cutting off key areas of inquiry; cutting inexplicable immunity deals; declining to use the grand jury to compel evidence; agreeing to limit searches of computers (in order to miss key time-frames when obstruction occurred); agreeing to destroy physical evidence (laptop computers); failing to charge and squeeze witnesses who made patently false statements; allowing subjects of the investigation to act as lawyers for other subjects of the investigation (in order to promote the charade that some evidence was off-limits due to the attorney-client privilege); and so on. There is a way – a notoriously aggressive way – that the Justice Department and FBI go about their business when they are trying to make a case. Here, they were trying to unmake a case.

The decision not to indict Hillary Clinton was not made by then-FBI Director Comey. It was made by President Obama and his Justice Department – Comey’s superiors. If you want to say Comey went along for the ride rather than bucking the tide (as he concedes doing when Lynch directed him to call the Clinton probe a “matter,” not an “investigation”), that’s fair. But the fact that Comey already knew in April what he would say in July has long been perfectly obvious. The Obama administration was going to follow its leader. What Comey ultimately stated was just a repeat of what Obama was openly saying in April, and what Obama’s Justice Department was leaking to the press in May.

Bottom line: In April, President Obama and his Justice Department adopted a Hillary Clinton defense strategy of concocting a crime no one was claiming Clinton had committed: to wit, transmitting classified information with an intent to harm the United States. With media-Democrat complex help, they peddled the narrative that she could not be convicted absent this “malicious intent,” in a desperate effort to make the publicly known evidence seem weak. Meanwhile, they quietly hamstrung FBI case investigators in order to frustrate the evidence-gathering process. When damning proof nevertheless mounted, the Obama administration dismissed the whole debacle by rewriting the statute (to impose an imaginary intent standard) and by offering absurd rationalizations for not applying the statute as written. That plan was in place and already being implemented when Director Comey began drafting the “findings” he would announce months later. But it was not Comey’s plan. It was Obama’s plan.

Read more here.