The following commentry by Barbara McQuade was posted on the Daily Beast website January 5, 2018:
There will be severe, lasting damage if prosecutors reopen the Clinton investigation even if it’s only to appease the president.
To be effective, the Department of Justice must be independent from partisan politics.
And, just as important, it must be perceived as independent.
Today’s reporting in The Daily Beast that the Department of Justice is reopening its investigation into Hillary Clinton’s use of a personal email server threatens to undermine that essential virtue.
Federal investigations are based on collection of evidence and legal analysis to determine whether a prosecution is in the best interests of justice. In the case of Hillary Clinton’s email server, FBI agents reviewed emails, interviewed witnesses, and reached the conclusion that no charges were appropriate.
In summer of 2016, then-FBI Director James Comey publicly announced that the FBI had concluded its investigation and was recommending against charging Clinton. Calling her conduct “extremely careless,” Comey nonetheless stated that no reasonable prosecutor would bring a case against Clinton for her conduct. Looking to prior cases, Comey said, “We cannot find a case that would support bringing criminal charges on these facts.” He noted that all previous prosecutions involved “some combination of clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice. We do not see those things here.”
Comey reopened the investigation in October 2016 when seemingly new Clinton emails were found on a laptop computer, only to close it a few days later when the FBI reached the same conclusion as they had in July. That was the end of the investigation.
Until now.
View the post here.