Changes

*'''9 May.''' Deputy Attorney General [[Rod Rosenstein]] writes memorandum to AG Sessions which includes in part:<ref>https://www.theatlantic.com/politics/archive/2017/05/rosenstein-letter-annotated/526116/</ref>

*'''9 May.''' Deputy Attorney General [[Rod Rosenstein]] writes memorandum to AG Sessions which includes in part:<ref>https://www.theatlantic.com/politics/archive/2017/05/rosenstein-letter-annotated/526116/</ref>

{{Quotebox|<small>the FBI's reputation and credibility have suffered substantial damage, and it has affected the entire Department of Justice. That is deeply troubling to many Department employees and veterans, legislators and citizens.<br>

{{Quotebox|<small>'''the FBI's reputation and credibility have suffered substantial damage, and it has affected the entire Department of Justice. That is deeply troubling to many Department employees and veterans, legislators and citizens.'''<br>

... I cannot defend the Director's handling of the conclusion of the investigation of Secretary Clinton's emails, and I do not understand his refusal to accept the nearly universal judgment that he was mistaken....<br>

... I cannot defend the Director's handling of the conclusion of the investigation of Secretary Clinton's emails, and I do not understand his refusal to accept the nearly universal judgment that he was mistaken....<br>

The director was wrong to usurp the Attorney General's authority on July 5, 2016, and announce his conclusion that the case should be closed without prosecution.<br>

The director was wrong to usurp the Attorney General's authority on July 5, 2016, and announce his conclusion that the case should be closed without prosecution.<br>

It is not the function of the Director to make such an announcement. At most, the Director should have said the FBI had completed its investigation and presented its findings to federal prosecutors. The Director now defends his decision by asserting that he believed attorney General Loretta Lynch had a conflict. But the FBI Director is never empowered to supplant federal prosecutors and assume command of the Justice Department. There is a well-established process for other officials to step in when a conflict requires the recusal of the Attorney General. On July 5, however, the Director announced his own conclusions about the nation's most sensitive criminal investigation, without the authorization of duly appointed Justice Department leaders.<br>

It is not the function of the Director to make such an announcement. At most, the Director should have said the FBI had completed its investigation and presented its findings to federal prosecutors. The Director now defends his decision by asserting that he believed attorney General Loretta Lynch had a conflict. But '''the FBI Director is never empowered to supplant federal prosecutors and assume command of the Justice Department'''. There is a well-established process for other officials to step in when a conflict requires the recusal of the Attorney General. On July 5, however, the Director announced his own conclusions about the nation's most sensitive criminal investigation, without the authorization of duly appointed Justice Department leaders.<br>

Compounding the error, the Director ignored another longstanding principle: we do not hold press conferences to release derogatory information about the subject of a declined criminal investigation. Derogatory information sometimes is disclosed in the course of criminal investigations and prosecutions, but we never release it gratuitously. The Director laid out his version of the facts for the news media as if it were a closing argument, but without a trial. It is a textbook example of what federal prosecutors and agents are taught not to do.<br>

'''Compounding the error, the Director''' ignored another longstanding principle: we do not hold press conferences to release derogatory information about the subject of a declined criminal investigation. Derogatory information sometimes is disclosed in the course of criminal investigations and prosecutions, but we never release it gratuitously. The Director laid out his version of the facts for the news media as if it were a closing argument, but without a trial. It '''is a textbook example of what federal prosecutors and agents are taught not to do.'''<br>

In response to skeptical question at a congressional hearing, the Director defended his remarks by saying that his "goal was to say what is true. What did we do, what did we find, what do we think about it." But the goal of a federal criminal investigation is not to announce our thoughts at a press conference. The goal is to determine whether there is sufficient evidence to justify a federal criminal prosecution, then allow a federal prosecutor who exercises authority delegated by the Attorney General to make a prosecutorial decision, and then - if prosecution is warranted - let the judge and jury determine the facts. We sometimes release information about closed investigations in appropriate ways, but the FBI does not do it ''sua sponte'' (Latin for “of one’s own accord; voluntarily).”</small>}}

In response to skeptical question at a congressional hearing, the Director defended his remarks by saying that his "goal was to say what is true. What did we do, what did we find, what do we think about it." But the goal of a federal criminal investigation is not to announce our thoughts at a press conference. '''The goal is to''' determine whether there is sufficient evidence to justify a federal criminal prosecution, then '''allow a federal prosecutor who exercises authority delegated by the Attorney General to make a prosecutorial decision, and then - if prosecution is warranted - let the judge and jury determine the facts.''' We sometimes release information about closed investigations in appropriate ways, but the FBI does not do it ''sua sponte'' (Latin for “of one’s own accord; voluntarily).”</small>}}

*'''Dir. Comey fired; [[Andrew McCabe]] assumes position as Acting FBI Director'''. Within two hours Strzok and Lisa Page exchange messages: {{quotebox|Strzok - “We need to open the case we’ve been waiting on now while Andy [McCabe] is acting [director].”<br>Lisa Page - "We need to lock in [redacted, likely Michael Flynn]. In a formal chargeable way. Soon."<br>Strzok - "I agree. I've been pushing and I'll reemphasize with Bill [ [[Priestap]] ]."}} Lisa Page later told Congress there was was no evidence of Russia collusion with the Trump team at this time.<ref>www.foxnews.com/politics/2018/09/17/strzok-page-texts-calling-to-open-case-in-chargeable-way-under-fresh-scrutiny.html</ref> McCabe is interviewed the same day by FBI internal Inspection Division (INSD) agents about leaks to the ''Wall Street Journal'' days prior to the 2016 election. McCabe denies authorizing his special counsel Lisa Page to leak the existence of the FBI's [[Clinton Foundation]] investigation and denials of his own conflict of interest in that investigation. McCabe further tells FBI investigators he did not know who authorized leak.

*'''Dir. Comey fired; [[Andrew McCabe]] assumes position as Acting FBI Director'''. Within two hours Strzok and Lisa Page exchange messages: {{quotebox|Strzok - “We need to open the case we’ve been waiting on now while Andy [McCabe] is acting [director].”<br>Lisa Page - "We need to lock in [redacted, likely Michael Flynn]. In a formal chargeable way. Soon."<br>Strzok - "I agree. I've been pushing and I'll reemphasize with Bill [ [[Priestap]] ]."}} Lisa Page later told Congress there was was no evidence of Russia collusion with the Trump team at this time.<ref>www.foxnews.com/politics/2018/09/17/strzok-page-texts-calling-to-open-case-in-chargeable-way-under-fresh-scrutiny.html</ref> McCabe is interviewed the same day by FBI internal Inspection Division (INSD) agents about leaks to the ''Wall Street Journal'' days prior to the 2016 election. McCabe denies authorizing his special counsel Lisa Page to leak the existence of the FBI's [[Clinton Foundation]] investigation and denials of his own conflict of interest in that investigation. McCabe further tells FBI investigators he did not know who authorized leak.