Sep
05
Second IG report set to drop amid Comey blowback


NO RESPONSE FROM THE WHITE HOUSE. ALL RIGHT. MEANTIME, IS THE WORST YET TO COME FROM THE FORMER FBI DIRECTOR JAMES COMEY? AS YOU KNOW, THIS WEEK HE MIGHT HAVE DODGED A BULLET ABOUT SHARING INFORMATION, E-MAILS AND THE LIKE. REPORTS THAT GOT A SLAP ON THE WRIST. BUT NO FORMAL PUNISHMENT FROM THE JUSTICE DEPARTMENT. MARK MEADOWS SAYS THAT A SEPARATE JUSTICE DEPARTMENT INVESTIGATION COULD BE A LITTLE DIFFERENT FOR HIM. TAKE A LOOK.>>HERE WE ARE TODAY WITH NOT ONLY THE DIRECTOR OF THE FBI WILLFULLY AND DELIBERATELY BREAKING PROTOCOL, WE NOW UNDERSTAND WHY PETER STRZOK AND ANDREW McCABE THOUGHT THAT WHAT THEY WERE DOING IS OKAY. THE JOHN DURHAM REPORT WILL BE MORE DAMNING THAN THIS AND THIS IS NOT A GOOD DAY FOR THE FBI’S FORMER DIRECTOR.>>Neil: ALL RIGHT. TWO FORMER FEDERAL PROSECUTORS, KATIE IS HERE. IT’S THE SAME I.G. HOROWITZ WHO IS HANDLING THE OTHER MATTER. HOW IS IT DIFFERENT FROM THE FIRST?>>WELL, THE SECOND MATTER IS GOING TO DEAL WITH A LOT OF THE ISSUES WITH THE FISA WARRANTS THAT WERE OBTAINED AND THAT SOME MEMBERS FROM THE FBI INCLUDE MANAGER COMEY, SIGNED OFF ON. AND WHETHER THEY WERE TRUTHFUL REPRESENTATIONS TO THE COURT. THAT’S THE SECOND ISSUE BEING HANDLED BY THE I.G. AT THIS POINT.>>Neil: KATIE, THE JUSTICE DEPARTMENT DIDN’T REALLY DO MUCH TO COMEY OUTSIDE OF SAYING, YOU KNOW, NOT GOOD. WE DIDN’T LIKE IT. HE WAS FAST AND LOOSE WITH THIS SORT OF STUFF. BUT NO FORMAL PUNISHMENT. I DON’T KNOW WHAT THAT PUNISHMENT WOULD BE. BUT DOES THAT — A LOT DEPENDS ON WHAT’S IN THE FINAL REPORT TO WARRANT WHETHER THE JUSTICE WOULD RESPOND THE SAME WAY. RIGHT?>>THE ODDS ARE THAT WE’RE PROBABLY STILL IN THE REALM OF EMBARRASSMENT AND INDICTMENT OVER THE FISA INVESTIGATION: IN ORDER FOR THE DOJ TO PURSUE A PROSECUTION THEY WOULD HAVE TO HAVE CLEAR CUT EVIDENCE OF UNLAWFUL REPRESENTATIONS TO THE COURT.>>Neil: WHETHER IN THIS CASE OR THE OTHER ONE THAT IS JUST PENDING, WHAT TRIGGERED IT AND ET CETERA, WHEN THERE’S PUNISH MEANT OR PROSECUTION, WHAT WOULD IT BE?>>WELL, IF THE DOJ WAS GOING TO BRING ACTUAL CHARGES AGAINST SOMEBODY, THEN THAT’S A CRIMINAL SORT OF PUNISHMENT. THAT’S WHAT THE DOJ CONSIDERED DOING WITH THE DISCLOSURES OF WHAT WAS DETERMINED TO BE CLASSIFIED INFORMATION. THEY ULTIMATELY MADE THE CALL THAT THEY DIDN’T HAVE ENOUGH TO PURSUE CRIMINAL CHARGES AGAINST MR. COMEY. PROBABLY BECAUSE IT WAS A VERY, VERY CLOSE CALL ON SOME OF THE INTENT ELEMENTS OF THE CRIME. SO WHEN THEY’RE LOOKING AT THESE RECOMMENDATIONS FROM THE I.G. FOR PROSECUTION, THEY’RE LOOKING TO SEE IF THEY CAN SATISFY THE STANDARDS UNDER A CRIMINAL STANDARD OF PROOF. SO WITH THE SECOND PART OF THE REPORT, THEY’RE GOING TO DO THE SAME THING. ANALYZE WHETHER THE EVIDENCE THAT IS COLLECTED IS ENOUGH FOR THEM TO ACTUALLY PURSUE CRIMINAL CHARGES. AS WE KNOW, EVEN THOUGH MR. COMEY HAS BEEN DETERMINED TO HAVE VIOLATED ALL OF THESE POLICIES AND PROCEDURES, HE DOESN’T WORK FOR THE FBI ANYMORE. SO PRACTICALLY SPEAKING, THERE’S NO CONSEQUENCE. THE ONLY OPTION IS A CRIMINAL PROSECUTION IF THERE’S GOING TO BE ANYTHING AT ALL.>>Neil: IT’S OFTEN IN THE EYES OF THE BEHOLDER. IF SOMEBODY IS GOING TO CHARGE YOU WITH DELIBERATELY TRIGGERING AN INVEST BASED ON FALSE INFORMATION THAT YOU KNEW WAS FALSE, WHICH IS PROVABLE ON ONE SIDE AND MAYBE DISPUTED BY THE OTHER, THERE’S NO WAY THAT ADVANCES, RIGHT?>>WELL, THERE HAS TO BE SOME INFORMATION THAT THE PROSECUTORS DETERMINE — IT’S A JUDGMENT CALL. THAT’S WHAT IS DIFFICULT. I THINK THE DOJ DOESN’T WANT TO TAKE A CASE FORWARD THAT COULD BE A LOSS. SO THEY’RE GOING TO WATCH STRONG EVIDENCE. THERE COULD WELL BE STRONG EVIDENCE OF BLATANT LIES OR BLATANT CONCEALING OF INFORMATION TO THE COURT AND THAT IS PERJURY, WHICH IS A CRIME. I THINK PRACTICALLY SPEAKING, IT WOULD BE UNLIKELY THAT WE’LL HAVE VERY, VERY BLACK AND WHITE INFORMATION OF THAT. I THINK IT’S GOING TO BE SOMETHING THAT IS A VERY CLOSER CALL AND THE ODDS OF AN INDICTMENT COMING FROM IT IN MY OPINION ARE FAIRLY SLIM.