Was there collusion between the Obama administration and the Kremlin to entrap members of Donald Trump’s family and campaign team ?

John Solomon and Jonathan Easley write at The Hill:

The Russian lawyer who penetrated Donald Trump’s inner circle was initially cleared into the United States by the Justice Department under “extraordinary circumstances” before she embarked on a lobbying campaign last year that ensnared the president’s eldest son, members of Congress, journalists and State Department officials, according to court and Justice Department documents and interviews.

This revelation means it was the Obama Justice Department that enabled the newest and most intriguing figure in the Russia-Trump investigation to enter the country without a visa.

Just five days after meeting in June 2016 at Trump Tower with Donald Trump Jr., presidential son-in-law Jared Kushner and then Trump campaign chairman Paul Manafort, Moscow attorney Natalia Veselnitskaya showed up in Washington in the front row of a House Foreign Affairs Committee hearing on Russia policy, video footage of the hearing shows.

She also engaged in a pro-Russia lobbying campaign and attended an event at the Newseum in Washington, D.C., where Russian supporters showed a movie that challenged the underpinnings of the U.S. human rights law known as the Magnitsky Act, which Russian President Vladimir Putin has reviled and tried to reverse.

The Magnitsky Act imposed financial and other sanctions on Russia for alleged human rights violations connected to the death of a Russian lawyer who claimed to uncover fraud during Putin’s reign. Russia retaliated after the law was passed in 2012 by suspending Americans’ ability to adopt Russian children.

At least five congressional staffers and State Department officials attended that movie showing, according to a Foreign Agent Registration Act complaint filed with the Justice Department about Veselnitskaya’s efforts.

And Veselnitskaya also attended a dinner with the chairman of the House subcommittee overseeing Russia policy, Rep. Dana Rohrabacher (R-Calif.) and roughly 20 other guests at a dinner club frequented by Republicans.

In an interview with The Hill on Wednesday, Rohrabacher said, “There was a dinner at the Capitol Hill Club here with about 20 people. I think I was the only congressman there. They were talking about the Magnitsky case. But that wasn’t just the topic. There was a lot of other things going on. So I think she was there, but I don’t remember any type of conversation with her between us. But I understand she was at the table.”

Rohrabacher said he believed Veselnitskaya and her U.S. colleagues, which included former Rep. Ronald Dellums (D-Calif.), were lobbying other lawmakers to reverse the Magnitsky Act and restore the ability of Americans to adopt Russian children that Moscow had suspended.

“I don’t think this was very heavily lobbied at all compared with the other issues we deal with,” he said.

As for his former congressional colleague Dellums, Rohrabacher said he recalled having a conversation about the Magnitsky Act and the adoption issue: “Ron and I like each other … I have to believe he was a hired lobbyist but I don’t know.”

Veselnitskaya did not return a call seeking comment Wednesday at her Moscow office. Dellums also did not return a call to his office seeking comment.

But in an interview with NBC News earlier this week, Veselnitskaya acknowledged her contacts with Trump Jr. and in Washington were part of a lobbying campaign to get members of Congress and American political figures to see “the real circumstances behind the Magnitsky Act”.

That work was a far cry from the narrow reason the U.S. government initially gave for allowing Veselnitskaya into the U.S. in late 2015, according to federal court records.

The Moscow lawyer had been turned down for a visa to enter the U.S. lawfully but then was granted special immigration parole by then-Attorney General Loretta Lynch for the limited purpose of helping a company owned by Russian businessman Denis Katsyv, her client, defend itself against a Justice Department asset forfeiture case in federal court in New York City.

During a court hearing in early January 2016, as Veselnitskaya’s permission to stay in the country was about to expire, federal prosecutors described how rare the grant of parole immigration was as Veselnitskaya pleaded for more time to remain in the United States.

“In October the government bypassed 
the normal visa process and gave a type of extraordinary 
permission to enter the country called immigration parole,” Assistant U.S. Attorney Paul Monteleoni explained to the judge during a hearing on Jan. 6, 2016.

“That’s a discretionary act that the statute allows the attorney general to do in extraordinary circumstances. In this case, we 
did that so that Mr. Katsyv could testify. And we made the 
further accommodation of allowing his Russian lawyer into the 
country to assist,” he added.

The prosecutor said the Justice Department was willing to allow the Russian lawyer to enter the United States again as the trial in the case approached so she could help prepare and attend the proceedings.

The court record indicates the presiding judge asked the Justice Department to extend Veselnitskaya’s immigration parole another week until he decided motions in the case. There are no other records in the court file indicating what happened with that request or how Veselnitskaya appeared in the country later that spring.

The U.S. Attorney’s office in New York confirmed Wednesday to The Hill that it let Veselnitskaya into the country on a grant of immigration parole from October 2015 to early January 2016.

Justice Department and State Department officials could not immediately explain how the Russian lawyer was still in the country in June for the meeting with Trump Jr. and the events in Washington.

Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) has demanded the U.S. government provide him all records on how Veselnitskaya entered and traveled in the U.S., a request that could shed additional light on her activities.

Interviews with a half dozen Americans who came in contact with Veselnitskaya or monitored her U.S. activities in 2016 make clear that one of her primary goals was to see if the Congress and/or other political leaders would be interested in repealing the 2012 Magnitsky Act punishing Russia or at least ensure the Magnitsky name would not be used on a new law working its way through Congress in 2016 to punish human rights violators across the globe.

“There’s zero doubt that she and her U.S. colleagues were lobbying to repeal Magnitsky or at least ensure his name was removed from the global law Congress was considering,” said U.S. businessman William Browder, who was the main proponent for the Magnitsky Act and who filed a FARA complaint against Veselnitskaya, Dellums and other U.S. officials, claiming they should have registered as foreign agent lobbyists because of the work.

The 2012 law punished Russia for the prison death of Sergei Magnitsky, a Moscow lawyer and accountant who U.S. authorities allege uncovered a massive $230 million money laundering scheme involving Russian government officials that hurt U.S. companies.

Magnitsky became a cause celeb in the United States after his mysterious death in a Russian prison, but Russian officials have disputed his version of events and in 2011 posthumously convicted him of fraud in Russia.

It is that alternate theory of the Magnitsky fraud cause that Veselnitskaya and her U.S. allies tried to get into the hands of American officials, including Rohrabacher, the Trump team and other leaders.

Browder’s complaint, which alleges that Washington lobbyists working with Veselnitskaya failed to register as foreign agents, is still pending at the Justice Department. It identified several events in Washington that Veselnitskaya and her allies attended or staged in June 2016.

All of them occurred in the days immediately after the Russian lawyer used a music promoter friend to get an audience June 9 with Trump Jr. promising dirt on then-Democratic presidential nominee Hillary Clinton but instead using the meeting to talk about Magnitsky and the adoption issue, according to Trump Jr. and Veselnitskaya.

On June 13, 2016, Veselnitskaya attended the screening of an anti-Magnitsky movie at the Newseum, which drew a handful of congressional staffers and State Department officials, according to Browder’s complaint.

The next day, she appeared in the front row of a hearing chaired by House Foreign Affairs Committee Chairman Ed Royce (R-Calif.), sitting right behind a former U.S. ambassador who testified on the future of U.S-Russia policy.

Rohrabacher said he recalled around the same time a conversation with Dellums about Magnitsky and the adoption issue and then attending a dinner that included Veselnitskaya at the Capitol Hill Club with about 20 people.

Sources close to the lobbying effort to rename the Magnitsky Act, conducted over the summer of 2016, said it fizzled after only a month or two. They described Veselnitskaya, who does not speak English, as a mysterious and shadowy figure. They said they were confused as to whether she had an official role in the lobbying campaign, although she was present for several meetings.

The sources also described their interactions with Veselnitskaya in the same way that Trump Jr. did. They claimed not to know who she worked for or what her motives were.

“Natalia didn’t speak a word of English,” said one source. “Don’t let anyone tell you this was a sophisticated lobbying effort. It was the least professional campaign I’ve ever seen. If she’s the cream of the Moscow intelligence community then we have nothing to worry about.

*

Update:

Kristina Wong reports at Breitbart that the Russian lawyer, Natalia Veselnitskaya, who asked to meet with Donald Trump Jr. at Trump Tower in June 2016, and did so for 20 minutes, had worked for years with Glenn Simpson, the founder of Fusion GPS. That was the firm that produced the lying, absurd, and now entirely discredited dossier it made up for the Democrats to use against Donald Trump.

Plot after plot was laid to establish a connection between Donald Trump and Russia. One after another they have failed.

Meanwhile the very real collusion between the Democrats and Russians, and the treacherous sale of US uranium deposits to Russia that Hillary Clinton accepted bribes to permit when she was secretary of state, are apparently being disregarded by the Trump administration. Why?

Is it not obvious that crimes have been committed by former Attorney General Loretta Lynch, former FBI Director James Comey, and former Secretary of State Hillary Clinton?

And that they are getting away with them?

Deroy Murdock writes at Townhall:

James Comey, Loretta Lynch, and the Clintons should do time for their crimes. So should the unnamed leakers who give away state secrets as if they were handing out leaflets at a busy street corner.

While the relentless Russiagate probe continues its futile search for lawbreaking among Team Trump, actual crimes already have occurred at the highest levels of the Deep State and among former Democratic officials. These perpetrators should be prosecuted. 

Someone violated federal law by unmasking former national security adviser Michael Flynn’s name from National Security Agency transcripts or other surveillance records of his conversations with Russian ambassador to Washington Sergey Kislyak. As part of the presidential transition, it was perfectly normal for Flynn to speak with Kislyak and other foreign emissaries. It also is no surprise that the NSA and other American intelligence agencies cup their ears when Kislyak speaks.

However, the identities of Americans in such conversations are supposed to remain confidential. Whoever unmasked Flynn in such documents violated the federal Espionage Act of 1917, 18 U.S. Code § 793. It prohibits the improper handling and transmission of “information respecting the national defense”.

The anti-Flynn leaks also appear to breach 18 U.S. Code § 798, which forbids disclosure of classified data “concerning the communication intelligence activities of the United States or any foreign government.”  …

Leaking seems to be Washingtonians’ favorite indoor activity. And Comey got in on the fun, too. Referring to his memo-to-file about a private Oval Office meeting with Trump, Comey said, “I need to get that out into the public square,” as if that were his job.

… and as if there was something so incriminating in what the president said that it simply had to be broadcast to the nation.

But surely if there had been something of that sort, it would have been the right procedure for the FBI to bring to the attention of the Justice Department?

It is not normal FBI procedure to leak details of an investigation to the press rather than use it to build a criminal case.

A president cannot be charged with a criminal offense, but if there is proof that he has committed crimes, or has said something that could be interpreted as criminal, he could be impeached. But only by Congress, not by the readers of a  Communist Youth organ such as the New York Times.

Yet the Dirctor of the FBI wanted it to reach the NYT at all costs. So he leaked it through the conduit of a leftist academic.

Comey told the Senate Intelligence Committee on June 8: “I asked a friend of mine to share the content of the memo with a reporter.” This “close friend who is a professor at Columbia law school,” is named Daniel C. Richman. …

“I asked him to because I thought that might prompt the appointment of a special counsel,” Comey explained.

Shazzam!

Comey’s leaked memo hit the front pages, and Assistant Attorney General Rod Rosenstein named a special counsel: Comey’s mentor and one-time boss, former FBI chief Robert Mueller.

Comey and Mueller’s toasty relationship raises legitimate worries about Mueller’s capacity for disinterest in a case that involves the dismissal and public ostracism of his protégé of at least 14 years. …

How can Mueller be objective about his bosom buddy, who now is at the epicenter of this entire probe?

Also troublesome: Mueller’s team includes attorneys who maxed out in donations to Hillary and Obama, defended Hillary against Freedom of Information Act requests, and even represented a Clinton staffer at the heart of E-mailgate. …

According to Political Insider, “In total, Mueller’s team has made $52,650 in political donations since 1997, 95 percent of which ($49,900) went to Democrats.”

Among some 100,000 attorneys in the Washington, D.C. Bar, was Mueller really unable to employ lawyers who neither have worked for the Clintons nor underwritten their campaigns? Could he not have hired professionals unconnected to either the Clintons or the Trumps? Was that really so hard?

Or maybe Mueller deliberately assembled a kennel full of Hillary-loving legal Rottweilers.

Whatever Mueller’s objectives, he has crafted at a minimum — a major appearance of impropriety. If Team Mueller fairly, honestly, and properly discovers wrongdoing among Team Trump, Republicans may dismiss his findings as the crooked output of a rigged system. But if Mueller correctly exonerates Trump & Co., Democrats may scream that the special counsel chickened out, to avoid being accused of running a politically tainted probe. Either way, such second-guessing would erode confidence in American justice.

For his part, Comey’s leak to Professor Richman looks like a violation of, at least, 18 U.S. Code § 641, which bars the unauthorized conveyance of “any record” belonging to the U.S. government. Comey should be brought back before Congress and forced to spell out any and every such leak he ever made, describe the documents he spilled, the dates he did so, etc. Each one of those instances should constitute an individual count in an indictment for breaking the Espionage Act.

According to Comey, former Attorney General Loretta Lynch instructed him to refer benignly to E-mailgate as a “matter” rather than an “investigation”. While that latter word was more politically volatile, it also was accurate. After all, Comey ran the Federal Bureau of Investigation, not the Federal Bureau of Matter.

According to Circa.com’s John Solomon and Sara A. Carter, Comey told senators behind closed doors about “a communication between two political figures that suggested Lynch had agreed to put the kibosh on any prosecution of Clinton”, never mind evidence of Hillary’s crimes.

Comey reportedly showed Lynch that do-not-prosecute record. As one source familiar with Comey’s comments told Solomon and Carter, “the attorney general looked at the document then looked up with a steely silence that lasted for some time, then asked him if he had any other business with her and if not that he should leave her office”. …

Coupled with Lynch’s notorious “golf clubs and grandkids” pow-wow with Bill Clinton on her official plane at Phoenix Airport last June 27, just five days before the FBI questioned Hillary (inexplicably, not under oath), Lynch’s behavior reeks of obstruction of justice.

Comey stated last July 5 that “no reasonable prosecutor” would bring charges against Hillary Clinton in E-mailgate. This claim instantly was refuted by reasonable former federal prosecutors including Sidney Powell, Andrew McCarthy, Rudolph W. Giuliani, and Michael Mukasey. They all stated why Hillary deserved indictment.

Comey said that Hillary should have stayed free because she had no criminal intent to violate the Espionage Act. However, to be convicted under this statute, one need not possess criminal intent. …

Hillary could be convicted merely for handling classified documents in a “grossly negligent” fashion. She certainly did this. …

Beyond E-mailgate, the Clinton Foundation’s bribes-for-favors scandal has gone entirely unpunished. Hillary approved the Kremlin’s purchase of 20 percent of U.S. uranium supplies. She permitted Russia’s Rosatom State Atomic Energy Corporation to acquire Uranium One Inc. This is the sort of cloak-and-dagger Russian collusion about which Democratic mouths have foamed since last fall. The $145 million that Uranium One’s investors pumped into the Clinton Foundation before, during, and after this grotesque deal epitomizes the pay-to-play bonanza for which Hillary should be tossed in the clink. Ditto the $500,000 fee that Kremlin-controlled Renaissance Capital handed Bill Clinton for a one-hour speech while Hillary decided to green-light this transaction. Remember: the Clintons literally gave Vladimir Putin access to the active ingredient in hydrogen bombs — extracted from American soil. …

And “giving aid and comfort” to the enemy is treason according to the Constitution.

The House Government Oversight Committee should hold public hearings and subpoena Comey, Lynch, and the Clintons and make them testify publicly about these crimes, under penalty of perjury.

After that, President Trump should keep a promise that he made in the October 9 debate against Hillary: “If I win, I am going to instruct my attorney general to get a special prosecutor to look into your situation.”

Prosecuting Comey for leaking government papers, Lynch for sandbagging the E-mailgate probe, and the Clintons and Clintonites for running their bribes-for-favors scams would not signal American devolution into a banana republic. Rather, this would reinvigorate a core principle of American constitutional republicanism: Equal Justice Under Law.

On all that is wrong with James Comey’s buddy Robert Mueller being appointed to sniff out an unknown crime in the Trump administration, Andrew McCarthy writes:

So I’ve been wondering: Why on earth does a prosecutor, brought in to investigate a case in which there is no apparent crime, need a staff of 14 lawyers?

Or, I should say, “14 lawyers and counting.” According to the press spokesman for special counsel Robert Mueller — yeah, he’s got a press spokesman, too — there are “several more in the pipeline.”

Concededly, none of Mueller’s recruits requires Senate confirmation, as do Justice Department officials — notwithstanding that the former may end up playing a far more consequential role in the fate of the Trump administration. But does it seem strange to anyone else that, by comparison, the president of the United States has managed to get — count ’em — three appointees confirmed to Justice Department positions in five months?

A special counsel, the need for whom is far from obvious, has in just a few days staffed up with four times the number of lawyers. And all for a single investigation that the FBI has described as a counterintelligence probe — i.e., not a criminal investigation, the kind for which you actually need lawyers.  

Oh, and about those three Justice Department appointees: One of them, Attorney General Jeff Sessions, has already recused himself from the investigation in question — the department’s most high profile undertaking. Another, Deputy Attorney General Rod Rosenstein, is reportedly weighing whether he, too, should bow out. Perhaps he figures he has already done quite enough, having sicced a special-counsel investigation on the Trump Administration by flouting both the regulation that requires a basis for a criminal investigation before a special counsel is appointed, and the regulation that requires limiting the special counsel’s jurisdiction to the specific factual matter that triggers this criminal investigation.

The way this is supposed to work is: the Justice Department first identifies a likely crime, and then assigns a prosecutor to investigate it. Here, by contrast, there are no parameters imposed on the special counsel’s jurisdiction. Mueller is loosed—with 14 lawyers and more coming—to conduct what I’ve called a “fishing expedition”.

But it is actually worse than that … Mueller’s probe is the functional equivalent of a general warrant: a boundless writ to search for incriminating evidence. It is the very evil the Fourth Amendment was adopted to forbid: a scorch-the-earth investigation in the absence of probable cause that a crime has been committed.

For now, Mueller appears utterly without limits, in his writ and in his resources. As the ease with which he has staffed up shows, it is not hard to recruit lawyers. All you need is money. Mueller has a bottomless budget, thanks to a bit of Treasury Department chicanery known as “permanent, indefinite appropriations”. 

Under the Constitution’s Appropriations Clause, no funding is supposed to be paid out of the treasury unless Congress has approved it in advance. Under the Framers’ design, with an eye toward limited, accountable government, every spending initiative must compete with every other one when Congress enacts a budget. Lawmakers must decide what we can and can’t afford when they draw on what is supposed to be the finite pot of money confiscated from taxpayers. We are supposed to know what we are underwriting and what it will cost.

The Swamp, ever resistant to such restraints, has developed a scheme known as “indefinite appropriations”. These are slush funds for future contingencies. A good example is the “Judgment Fund” which President Obama raided to underwrite nearly $2 billion in ransom payments demanded by Iran, the sweetener he needed to close the infamous nuclear deal.

And that sounds like treason too.

It is an Orwellian game. What makes an appropriation an appropriation is that Congress provides a definite amount of funding suitable to the task it has approved. If it turns out more is needed, the executive branch is supposed to come back to Congress — ask for it and justify why it should be prioritized over other needs.

Mueller’s special counsel investigation is somehow under no such restrictions, according to the Justice Department. He unilaterally decides how much staffing he needs. And unlike a normal prosecutor’s office, the special counsel does not have to apportion his resources over hundreds of cases. He can direct all of them at one investigative target.

In this instance, the target is Trump, and the resources — apart from what will be scores of FBI agents — include 14 lawyers (going on 15 … going on 16…).

These lawyers, overwhelmingly, are Democrats. … Mueller’s staffers contribute to Trump’s political opponents, some heavily. The latest Democratic talking-point about this unseemly appearance is that hiring regulations forbid an inquiry into an applicant’s political affiliation. That’s laughable. These are lawyers Mueller has recruited. They are not “applicants”. We’re talking about top-shelf legal talent, accomplished professionals who have jumped at the chance of a gig they do not need but, clearly, want. …

Notice that, consistent with the familiar ethical canon that lawyers must avoid even the appearance of impropriety, the standard here is based not on the lawyer’s personal rectitude or his subjective belief that he can administer the law impartially. The issue is: What would this look like to fair-minded observers?

Consequently, if this boundless investigation careens into a criminal prosecution, Mueller could have some major soul-searching to do. I thus confess to being taken aback that he has exacerbated the problem, rather than trying to mitigate it, with his staffing decisions. Into an investigation that was already fraught with political tension, the special counsel has recruited partisans — to politicians who describe themselves not as a loyal opposition but as the Trump “Resistance”. What are fair-minded people to make of that?

Not just one or two recruits, but 14 lawyers, with more to come. …

Why does special counsel Mueller need 14 lawyers (and more coming) for a counterintelligence investigation, as to which the intelligence professionals — agents, not lawyers — have found no “collusion with Russia” evidence after over a year of hard work? What will those lawyers be doing with no limits on their jurisdiction, with nothing but all the time and funding they need to examine one target, Donald Trump?

The Mueller investigation itself has the smell of corruption about it.

The law is the house in which we live. If its timbers are rotten, what will become of us? 

In a video released yesterday (May 25, 2017), Chris Farrell of Judicial Watch tells how Obama used the NSA against his political opponents. Illegally, in defiance of the Constitution, the intelligence service collected information on Americans and “unmasked” them – ie. revealed their identities – for nefarious political purposes:

And this is from Circa, by John Solomon and Sara Carter, on how James Comey’s FBI illegally collected spy data on Americans, and deliberately leaked the information to serve Obama’s political ends:

The FBI has illegally shared raw intelligence about Americans with unauthorized third parties and violated other constitutional privacy protections, according to newly declassified government documents that undercut the bureau’s public assurances about how carefully it handles warrantless spy data to avoid abuses or leaks.

In his final congressional testimony before he was fired by President Trump this month, then-FBI Director James Comey unequivocally told lawmakers his agency used sensitive espionage data gathered about Americans without a warrant only when it was “lawfully collected, carefully overseen and checked”.

Once-top secret U.S. intelligence community memos reviewed by Circa tell a different story, citing instances of “disregard” for rules, inadequate training and “deficient” oversight and even one case of deliberately sharing spy data with a forbidden party.

For instance, a ruling declassified this month by the Foreign Intelligence Surveillance Court (FISA) chronicles nearly 10 pages listing hundreds of violations of the FBI’s privacy-protecting minimization rules that occurred on Comey’s watch.

The behavior the FBI admitted to a FISA judge just last month ranged from illegally sharing raw intelligence with unauthorized third parties to accessing intercepted attorney-client privileged communications without proper oversight the bureau promised was in place years ago.

The court also opined aloud that it fears the violations are more extensive than already disclosed.

“The Court is nonetheless concerned about the FBI’s apparent disregard of minimization rules and whether the FBI is engaging in similar disclosures of raw Section 702 information that have not been reported,” the April 2017 ruling declared.

The court isn’t the only oversight body to disclose recent concerns that the FBI’s voluntary system for policing its behavior and self-disclosing mistakes hasn’t been working.

The Justice Department inspector general’s office declassified a report in 2015 that reveals the internal watchdog had concerns as early as 2012 that the FBI was submitting “deficient” reports indicating it had a clean record complying with spy data gathered on Americans without a warrant. …

To put it bluntly, the FBI was lying.

FBI officials acknowledged there have been violations but insist they are a small percentage of the total counterterrorism and counterintelligence work its agents perform.

Just some lies, they pleaded. They did a lot of honest work too. Ignore the mud in the milk.

Almost all are unintentional human errors by good-intentioned agents and analysts under enormous pressure to stop the next major terror attack, the officials said.

And besides, they lied with the very best of intentions.  

Others fear these blunders call into the question the bureau’s rosy assessment that it can still police itself when it comes to protecting Americans’ privacy 17 years after the war on terror began. …

One of the biggest concerns involves so-called backdoor searches in which the FBI can mine NSA intercept data for information that may have been incidentally collected about an American. No warrant or court approval is required, and the FBI insists these searches are one of the most essential tools in combating terrorist plots.

But a respected former Justice Department national security prosecutor questions if the searching has gotten too cavalier. Amy Jeffress, the former top security adviser to former Attorney General Eric Holder, was appointed by the intelligence court in 2015 to give an independent  assessment.

Security adviser to Eric Holder? And we should expect her findings to be impartial?

Turns out they may be. She is gently critical of the violations which her report does confirm.

Jeffress concluded agents’ searches of NSA data now extend far beyond national security issues and thus were “overstepping” the constitutional protections designed to ensure the bureau isn’t violating Americans’ 4th Amendment protections against unlawful search and seizure. …

By  early 2017, the court became more concerned after the Obama administration disclosed significant violations of privacy protections at two separate intelligence agencies involved in the Section 702 program.

The most serious involved the NSA searching for American data it was forbidden to search. But the FBI also was forced to admit its agents and analysts shared espionage data with prohibited third parties, ranging from a federal contractor to a private entity that did not have the legal right to see the intelligence.

Such third-party sharing is a huge political concern now as Congress and intelligence community leaders try to stop the flow of classified information to parties that could illegally disclose or misuse it, such as the recent leak that disclosed intercepted communications between the Russian ambassador and Trump’s first national security adviser, Michael Flynn. …

“Improper access” to NSA spy data for FBI contractors “seems to have been the result of deliberate decision-making”, the court noted.

The recently unsealed ruling also revealed the FBI is investigating more cases of possible improper sharing with private parties that recently have come to light.

The government “is investigating whether there have been similar cases in which the FBI improperly afforded non-FBI personnel access to raw FISA-acquired information on FBI systems,” the court warned.

The ruling cited other FBI failures in handling Section 702 intel, including retaining data on computer storage systems “in violation of applicable minimization requirements”.

Among the most serious additional concerns was the FBI’s failure for more than two years to establish review teams to ensure intercepts between targets and their lawyers aren’t violating the attorney-client privilege.

“Failures of the FBI to comply with this ‘review team’ requirement for particular targets have been focus of FISA’s concerns since 2014,” the court noted.

The FBI said it is trying to resolve the deficiencies with aggressive training of agents.

Oh, “aggressive”. To make the training sound very fierce and merciless. So in future they will not be as lax as they have been in the recent past. You see?

That admission of inadequate training directly undercut Comey’s testimony earlier this month when questioned by Sen. Dianne Feinstein, D-Calif.

“Nobody gets to see FISA information of any kind unless they’ve had the appropriate training and have the appropriate oversight,” the soon-to-be-fired FBI director assured lawmakers. 

Another lie. In this case perjury? Didn’t he swear an oath to tell the truth to the Congressional inquiry?

Now that there is a Republican Attorney General, Jeff Sessions, in place of Obama’s puppet, Loretta Lynch, will the law be applied to all who break the law, even to corrupt, felonious law-enforcement officials? Even to Barack Obama?

We cannot be sure that this is true, but we think it is plausible.

Mike Cernovich writes at Cernovich Media:

Susan Rice, who served as the National Security Adviser under President Obama, has been identified as the official who requested unmasking of incoming Trump officials, Cernovich Media can exclusively report.

The White House Counsel’s office identified Rice as the person responsible for the unmasking after examining Rice’s document log requests. The reports Rice requested to see are kept under tightly-controlled conditions. Each person must log her name before being granted access to them.

Upon learning of Rice’s actions, H. R. McMaster dispatched his close aide Derek Harvey to Capitol Hill to brief Chairman Nunes.

“Unmasking” is the process of identifying individuals whose communications were caught in the dragnet of intelligence gathering. While conducting investigations into terrorism and other related crimes, intelligence analysts incidentally capture conversations about parties not subject to the search  warrant. The identities of individuals who are not under investigation are kept confidential, for legal and moral reasons.

Under President Obama, the unmasking rules were changed.  …

Three people close to President Obama, including his “fall guy” for Benghazi (Susan Rice), had authorization to unmask.

Susan Rice is infamous for having lied over and over again to the public about the tragedy of Benghazi, when four Americans including a US ambassador, Chris Stevens, were murdered there by Muslim terrorists as a result of Hillary Clinton’s negligence and incompetence – and President Obama’s policies.

The other two, according to Mike Cernovich, are (again plausibly), “CIA Director John Brennan and then-Attorney General Loretta Lynch”.

From whom did these – or some others – have “authorization to unmask”?

The ONLY person who could have given that authorization was President Obama.

Whatever else in the Cernovich report is still open to doubt, this much is certain: Americans were unmasked and that is a felony.

President Trump was right when he said that his team was being “wire-tapped” – by which he meant spied upon.

So Obama himself, as well as those who carried out his orders, committed a felony.

Now we wait to see if Barack Obama – along with Susan Rice perhaps – will be indicted for this crime.

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C. Gee, The Atheist Conservative co-editor, explains more accurately just what is illegal and criminal in this unravelling story:

Unmasking by itself is not illegal. Being authorized to request unmasking, Rice was not acting illegally in unmasking names. And she is probably authorized to unmask by virtue of her office rather than direct permission or instruction from Obama. What is illegal is improperly asking for unmasking – without there being a national security basis for the request. And if the pattern of requests shows targeting of Trump associates, that would be evidence of using power to attack a political opponent – illegal. It also points to a motivation for the leaks – which are illegal. Insofar as the unmasking and dissemination within the agencies facilitated leaks – the unmasking, although legally requested, is evidence of criminal corruption.

James Comey, Director of the FBI, continues to be enigmatic. (For our earlier ruminations on him, see here and here.)

Whom or what is he for and against?

Whom, in his own mind, does he serve? To what end?

Bizpac Review reports:

Rep. Trey Gowdy [R-SC] questioned FBI Director James Comey Monday [March 20, 2017] during a House Intelligence Committee hearing about leaks of classified information to the media.

In reference to the taped call between Trump’s former national security adviser Michael Flynn and the Russian ambassador, the South Carolina lawmaker grilled Comey about who can “unmask” a U.S. citizen when collecting intelligence.

Gowdy would later point out that making a person’s identity publicly known when protected by law is a felony punishable by up to 10 years in prison. He asked how many people are able to unmask a person and what other agencies have the authority to do so — besides the FBI, Comey named the NSA, CIA and the Justice Department.

He also said the White House can request the agency collecting the intelligence to unmask a person, but said they can’t do it on their own.

Gowdy named a number of people from the Obama administration, to include former national security adviser Susan Rice, former Attorney General Loretta Lynch and then-acting Attorney General Sally Yates, all of whom Comey confirmed would likely have had access to the name of an unmasked U.S. citizen.

He asked Comey if he briefed former President Barack Obama on any calls involving Flynn, but the director would not comment on his conversations with Obama.

Gowdy proceeded with the precision of a surgeon in discussing “nefarious motives” for leaking Flynn’s name, none of which reflected well on the last administration.

Regardless, Comey would not confirm whether an investigation into who unmasked Flynn is underway, although he confirmed earlier the bureau is investigating Trump campaign ties to Russia.

So he was happy to confirm that the FBI is investigating “Trump campaign ties to Russia” – which have not been found, though the investigation has been going on since July 2016. By doing so he is thickening the cloud of suspicion that the Democratic Party has created in its efforts to destroy the Trump presidency.

But he would not say whether an investigation is underway into the only known felony that has certainly been committed in connection with this evil Leftist conspiracy – the betrayal of the American citizen Michael Flynn to the Democratic Party’s toady press; the “betrayal” being a report of a perfectly legitimate conversation between Flynn as a member of the Trump campaign when Donald Trump was president-in-waiting and a diplomat with whom he had official business. The crime was the leaking of the intercepted conversation to the New York Times and the Washington Post. It needs to be investigated, the leaker needs to be arrested and tried – but that is something that the head of the FBI does not feel he can talk about to the people’s representatives in a Congressional hearing.

So there is a long ongoing investigation into alleged nefarious activity where not a trace of evidence for any wrong-doing has been found in eight months, and the head of the FBI can announce that fact to all the world. But he cannot say whether or not his bureau of investigation is looking into a serious crime, known to have taken place, that affects the democratic processes on which the government of the country depends?

Why? Why is the great detective openly chasing after a shadow while apparently ignoring a crime?

And why has President Trump kept this man Comey in his job?

President Trump has beautifully, elegantly, brilliantly finessed his enemies.

By taking the New York Times at its word that his communications were intercepted last year, Trump has forced the NYT either to take responsibility for exposing Obama’s scandalous activity, or to say that it was lying.

According to Andrew McCarthy (see our post immediately below, Now, President Trump, hit back), the Obama administration sought and eventually obtained FISA (the Foreign Intelligence Surveillance Act) authorization to conduct the wire-tapping.

For what purposes can such FISA authorization be obtained?  And by whom?

From Wikipedia:

The President may authorize, through the Attorney General, electronic surveillance without a court order for the period of one year, provided that it is only to acquire foreign intelligence information, that it is solely directed at communications or property controlled exclusively by foreign powers, that there is no substantial likelihood that it will acquire the contents of any communication to which a United States person is a party, and that it be conducted only in accordance with defined minimization procedures.

The code defines “foreign intelligence information” to mean information necessary to protect the United States against actual or potential grave attack, sabotage or international terrorism.

“Foreign powers” means a foreign government, any faction of a foreign nation not substantially composed of U.S. persons, and any entity directed or controlled by a foreign government. The definition also includes groups engaged in international terrorism and foreign political organizations. The sections of FISA authorizing electronic surveillance and physical searches without a court order specifically exclude their application to groups engaged in international terrorism.

A “U.S. person” includes citizens, lawfully admitted permanent resident aliens, and corporations incorporated in the United States.

“Minimization procedures” is defined to mean procedures that minimize the acquisition of information concerning United States persons, allow the retention of information that is evidence of a crime, and require a court order be obtained in order to retain communication involving a United States person for longer than 72 hours.

The Attorney General is required to make a certification of these conditions under seal to the Foreign Intelligence Surveillance Court, and report on their compliance to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence.

Under the FISA act, anyone who engages in electronic surveillance except as authorized by statute is subject to both criminal penalties and civil liabilities.

So if the New York Times was correct, President Obama’s Attorney General, Loretta Lynch, authorized electronic surveillance of communication devices in Donald Trump’s offices, on the grounds that her Department of Justice had provable grounds for suspicion that Donald Trump, the Republican candidate for the presidency, was one side of a conspiracy to mount “grave attack, sabotage, or international terrorism” against the United States – even though there was “substantial likelihood” that by doing so she would “acquire the contents of … communication(s) to which a United States person” – Donald Trump personally or an associate of his – was a party”.

If that’s what she did, she broke the law.

If she gathered any information from FISA-authorized wire-tapping,  and retained it for more than an allowed 72 hours, or disseminated it to persons who illegally leaked it to the media, she broke the law.

If any of this happened, then there was a deep-laid plot by the Obama administration to destroy Donald Trump’s reputation and wreck his presidency should he be elected.

But then again, maybe the wire-tapping never happened, in which case the New York Times was lying – not at all an implausible probability.

Matthew Vadum writes at Front Page:

President Donald Trump caused a media firestorm by claiming over the weekend that then-President Obama wire-tapped telephones at Trump Tower in Manhattan during the final leg of last year’s election campaign.

Seeing the writing on the wall, tainted FBI Director James Comey promptly and publicly urged the Department of Justice to reject Trump’s claims. Although it is an attempt at a cover-up, it is an admirably transparent one.

Now the outlines of a Watergate-like conspiracy are emerging in which a sitting Democrat president apparently used the apparatus of the state to spy on a Republican presidential candidate. Watergate differed in that President Nixon didn’t get involved in the plot against the Democratic National Committee until later as an accomplice after the fact. Here Obama likely masterminded, or oversaw someone like the diabolical Benghazi cover-up artist Ben Rhodes, masterminding the whole thing.

Throughout his agonizingly long presidency, Obama serially abused his powers as the nation’s Chief Executive to undermine his political opponents. It might be said that every day of his presidency he committed at least one impeachable offense.

Obama used the IRS to target conservative and Tea Party nonprofits, along with Catholic, Jewish, and pro-Israel organizations. He brazenly lied about it, too. His Justice Department surreptitiously obtained telephone records for more than 100 reporters. … Books have been written about his corruption and many more such volumes will follow. …

A spokesman for Obama, who now lives in former Bill Clinton press secretary Joe Lockhart’s walled mansion with Valerie Jarrett on Washington’s Embassy Row so he can pursue his unprecedented, taxpayer-subsidized post-presidential war against Trump, denied Obama ordered that Trump Tower be wiretapped.

“A cardinal rule of the Obama administration was that no White House official ever interfered with any independent investigation led by the Department of Justice,” according to a carefully-worded statement. “As part of that practice, neither President Obama nor any White House official ever ordered surveillance on any U.S. citizen. Any suggestion otherwise is simply false.”

Of course, as others quickly pointed out, the denial is misdirection.

Former federal prosecutor Andrew C. McCarthy wrote yesterday that the denial “seems disingenuous on several levels”. When a warrant is obtained under the Foreign Intelligence Surveillance Act (FISA), “it is technically the FISA court that ‘orders’ surveillance”. Moreover, under the law, “it is the Justice Department, not the White House, that represents the government in proceedings before the FISA court”. 

McCarthy wrote presciently on Jan. 11: “The idea that FISA could be used against political enemies always seemed far-fetched. Now it might not be.”

Besides, Obama and his gang have generally been smart enough to hide their tracks when carrying out political dirty tricks. The Departments of Justice and Homeland Security, FBI, CIA, and NSA, aren’t headquartered in the White House. Obama could wage war against Trump by creating multiple layers of plausible deniability. That’s what a community organizer from Chicago does.

Predictably, former Obama speechwriter [Ben] Rhodes went on Twitter to lie. Replying to a Trump tweet, the Iranian mullahs’ best friend wrote, cheekily, that, “No President can order a wiretap. Those restrictions were put in place to protect citizens from people like you.” …

Most mainstream journalists were loath over the past eight years to call the exhaustively documented and at times bald-faced lies and misdeeds of President Obama, Vice President Joe Biden, Secretaries of State Hillary Clinton and John Kerry, National Security Advisor Susan Rice, Attorneys General Eric Holder and Loretta Lynch, and HHS Secretary Sebelius. It would seem uncovering government corruption is only a journalist’s duty when a Republican resides at 1600 Pennsylvania Avenue. …

Let’s recount what former British Member of Parliament Louise Mensch reported at Heat Street on Nov. 7, the day before the U.S. election.

Two separate sources with links to the counter-intelligence community have confirmed to Heat Street that the FBI sought, and was granted, a FISA court warrant in October, giving counter-intelligence permission to examine the activities of ‘U.S. persons’ in Donald Trump’s campaign with ties to Russia.

Contrary to earlier reporting in the New York Times, which cited FBI sources as saying that the agency did not believe that the private server in Donald Trump’s Trump Tower which was connected to a Russian bank had any nefarious purpose, the FBI’s counter-intelligence arm, sources say, re-drew an earlier FISA court request around possible financial and banking offenses related to the server. The first request, which, sources say, named Trump, was denied back in June, but the second was drawn more narrowly and was granted in October after evidence was presented of a server, possibly related to the Trump campaign, and its alleged links to two banks; SVB Bank and Russia’s Alfa Bank. While the Times story speaks of metadata, sources suggest that a FISA warrant was granted to look at the full content of emails and other related documents that may concern US persons.

The FBI agents who talked to the New York Times, and rubbished the ground-breaking stories of Slate (Franklin Foer) and Mother Jones (David Corn) may not have known about the FISA warrant, sources say, because the counter-intelligence and criminal sides of the FBI often work independently of each other employing the principle of ‘compartmentalization’.

… We already knew that days before Trump’s inauguration, it was reported that Obama green-lighted a disturbing relaxation of the rules regulating the National Security Agency’s ability to circulate globally intercepted personal communications among the other 16 intelligence agencies, some of which are more politicized than the NSA, before applying important longstanding privacy-protection protocols. Before the policy was altered, the NSA [had] screened out the identities of innocent people and irrelevant personal information before passing intercepted communications along to other agencies like the CIA or the FBI’s intelligence units.

Put another way, 17 days before President Trump was sworn in, NSA was unleashed against his embryonic administration, newly empowered to share raw intelligence gathered from telephone calls and emails that go through network switches outside the country, as well as messages between people outside the U.S. that go through domestic network switches.

WikiLeaks offered a refresher course in Obama’s treachery on Twitter Sunday, noting that “Obama has a history of tapping & hacking his friends and rivals”, and providing plenty of examples. …

And despite the growing mass media hysteria, there is still no publicly available evidence the Trump campaign somehow colluded with the Russian government last year. Sources in newspaper articles are never identified.

There is not a scintilla of proof of improper conduct.

All we have is the alleged say-so of faceless CIA spooks whose motives are questionable, to put it charitably.

Tom Shattuck writes at the Boston Herald:

In what has already been a historically bad year for Democrats, it just may be that they’re about to lose again to Donald Trump, this time in a high-stakes game of Russian roulette.

The Dems’ Putin smear was supposed to paint President Trump as a friend of the tyrant and beneficiary of Russian meddling in the election. Instead, it is the standard-bearer of the Democratic Party, former President Barack Obama, who may take the fall.

Snooping on a presidential candidate is serious business.

The Democrats want you to think this is a crazy conspiracy theory for an unhinged tweeting president.

But Obama has a rich legacy of using the federal government as a political weapon and it would be foolish to think he suddenly started restraining himself, when he was never held to account by either the media or Democrats in power.

Remember, Obama’s Justice Department secretly subpoenaed the private phone records of Associated Press editors and reporters. It was pure spying.

Fox News reporter James Rosen and his family were wiretapped.

Former CBS news reporter Sharyl Attkisson’s computer was hacked by the government.

Add to these incidents the harassment of conservative organizations by Obama’s IRS, and the mercenary nature of the Obama administration reveals itself.

We’re told Obama administration officials went to the FISA Court twice last year for warrants to conduct electronic surveillance on candidate Trump. Why?

The DNC leaks show that DNC staffers were formulating “Russia” attacks on Trump as far back as last April, with one email between two committee members reading “the pro-Russia stuff ties in pretty well to idea that Trump is too friendly with Putin/weak on Russia”.

Then there is the infamous “dossier” — anonymous reports that Trump campaign members were speaking to Russian officials with some frequency last year and the existence of wiretapped audio. …

The left wants to play the Russia game and President Trump should oblige.

There should be an immediate investigation, and we’ll see where the espionage trail leads. 

President Trump has requested the congressional intelligence committees “to determine whether executive branch investigative powers were abused in 2016”.

Barack Obama and Loretta Lynch would be foolish not to be afraid.

This day of President-elect Donald Trump’s triumph.

To add to the pleasure of the victory, consider how glum must they be feeling, all those princes, emirs, CEOs, diplomats, wheeler-dealers, unscrupulous exploiters of the downtrodden, financiers of mass murderers who gave money to the Clintons – ostensibly to their “charitable” Foundation – in the expectation that a future President Hillary Clinton would reward them with favors. Millions, tens of millions of dollars, down the drain! George Soros, the èminence mauvaise of the whole international Left, poured … what… billions ? into getting the corrupt Clintons back into supreme power. All wasted, George, all wasted now.

The Clinton Foundation will get no more donations. Not much point now in its continuing to exist. It never did give anything worth mentioning to charity. And what need now for Bill and Hillary and Chelsea to jet round the world and live high on the hog – the “good causes” on which the Foundation spent most of its bribe-money?

The Clintons will be out of public life at last. As a former president, Bill and his wife will continue to have Secret Service guards – to her continuing annoyance. The disadvantage of being Someone Important without being important.

Let’s think gleefully of the impending departure from high office of Huma Abedin, Cheryl Mills, Loretta Lynch, Jeh Johnson. Maybe James Comey too.

Members of the Muslim Brotherhood and CAIR will no longer be welcome at the White House. Happiness!

And yet more happiness: Valerie Jarrett, Susan Rice, Samantha Power, John Kerry – that bunch of irritating women who have surrounded Barack Obama –  will pass into dim obscurity, and their dirty deeds will have to be undone, now that the eight-year long winter of our discontent is changed to glorious summer by this Son of New York.

Last night the former Speaker of the House, Newt Gingrich said to the FOX Business Network’s Lou Dobbs (by far the best of all TV hosts) –

We have never in American history had the depth of corruption that we are seeing, and frankly you’ll notice that John Podesta, the leader of the Clinton campaign was having dinners with Justice Department officials while they were investigating Hillary.

He said that the Clinton email scandal has tarnished the FBI’s reputation.

[James] Comey is the first corrupt director we’ve seen in the sense that clearly the stuff that he knows is a lie. I clearly assume he was pressured by the Attorney General, who had a secret meeting with Bill Clinton on an airplane the week they were going to investigate his wife.”

Gingrich predicts that Donald Trump will win the presidential election:

I believe in the end, Hillary loses. I don’t believe the American people are going to send someone to the White House who ought to be indicted and facing very severe penalties for what she has been doing.

Has the Director of the FBI, James Comey, been stung by the many and persistent accusations of his corruption?

He appears to be re-opening the case against Hillary Clinton.

The Washington Post reports today:

The FBI will investigate whether additional classified material is contained in emails sent using Hillary Clinton’s private email server while she was secretary of state, FBI Director James Comey informed congressional leaders Friday.

The announcement appears to restart the FBI’s probe of Clinton’s server, less than two weeks before the presidential election, an explosive development that could shape the campaign’s final days.

In a letter to congressional leaders, Comey said that the FBI had, in connection with an “unrelated case”, recently “learned of the existence of emails that appear to be pertinent to the Clinton investigation”.

Comey indicated that he had been briefed on the new material yesterday. “I agreed that the FBI should take appropriate investigative steps designed to allow investigators to review these emails to determine whether they contain classified information, as well as to assess their importance to our investigation,” he wrote.

Any chance, we wonder, that Comey will recommend Hillary’s prosecution, and Loretta Lynch’s corrupt Department of Justice accept that recommendation, and all before election day?

Hmmm ….

Ed Klein has just published a new book, Guilty as Sin, in which he describes how details of FBI Director James Comey’s investigation into former Secretary of State Hillary Clinton’s illegal personal email server were delivered to the Oval Office in a briefcase by Attorney General Loretta Lynch.

The Conservative Tribune reports:

In an excerpt of Guilty As Sin, published on Newsmax, Klein says that Comey realized his investigation was being undermined when he saw White House press secretary Josh Earnest indicate during a news conference that the administration had details of the FBI’s investigation:

It was Jan. 29, 2016, and an aide had just handed Comey a printout of today’s White House press conference by Josh Earnest, the president’s spokesman. There, marked for Comey’s attention, was Earnest’s response to a reporter who had asked whether Hillary Clinton was likely to be indicted as a result of the FBI’s investigation into her personal emails.

“Based on what we know from the Department of Justice,” Earnest said, “it does not seem to be headed in that direction.”

Based on what we know!

“How does Earnest know anything?” Comey asked.

Enter Loretta Lynch, who acted as Hillary Clinton’s guardian angel.

Uniformed FBI agents on Attorney General Loretta Lynch’s protective detail had informed Comey that Lynch had locked an armful of documents on the FBI investigation into her briefcase and delivered them to the White House. More than once, Lynch had brought along a Justice Department prosecutor who was working on the Hillary case to brief the president’s staff. These briefings between Lynch and the White House (which Lynch publicly denied because they were unethical) had been going on since Comey’s investigation began in the summer of 2015. Comey was aware, of course, that his criminal investigation of Hillary Clinton was inevitably linked with the highest possible stakes in American politics. If his agents turned up evidence of criminal wrongdoing on Hillary’s part, it would ignite the greatest political firestorm since Watergate. And more likely than not, that would derail Hillary’s candidacy for the White House.”

… Klein’s book could [does – ed] indicate just how deep Obama was willing to go in order to ensure that Hillary Clinton stayed out of trouble.

This is why we can’t have four more years of Democrats making sure that laws aren’t enforced.

All the chief officials elected or appointed to enforce the law, breaking it!

Among the many bad things that Hillary Clinton has accomplished (and she has accomplished only bad things), one of the very worst is her destruction of the rule of law in America.

She could only do this with the co-operation of the Department of Justice; and the Department of Justice could only do it with the co-operation of the FBI.

Two of the chief pillars of justice, two of the the mightiest guarantors of the rule of law, have both been suborned by this woman.

Judge Andrew Napolitano writes at Townhall:

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?