1. Why is
the
FBI seizing computers now from the Weiner household and why didn't they
seize all of the potentially incriminating evidence at the start of the
investigation? If it was a genuine investigation into the transfer of
classified information electronically, and otherwise, why not seize ALL
of the computers from the start? I used to enjoy working counterfeit
currency cases and cannot imagine a scenario where we would initiate a
counterfeit investigation but NOT seize the counterfeit printing
devices. It’s illogical.
2. Why agree to forgo prosecuting potential co-conspirators Cheryl
Mills and Huma Abedin — and destroy the computer evidence they possess
— before charging them with a crime? That's not the way the process
works. In order to build leverage against a criminal conspirator, a
federal agent would typically draw up a federal complaint or seek an
indictment. Second, an agent would get an arrest warrant from a judge
pursuant to a probable cause ruling and then, AFTER THE ARREST, he or
she would ask if the arrested individual wished to cooperate,
potentially using their cooperation against co-conspirators. Third, if
the cooperation is substantive, then a 5k letter is issued to a judge,
which indicates the subject's level of cooperation and how that should
be considered in sentencing the cooperating defendant. None of that was
done in this case. They essentially said to Hillary's co-conspirators,
“Help us, pretty please, or else we’ll have to ask you again.”
3. Why would you allow a co-conspirator in a criminal case to act as a
lawyer for another co-conspirator? There is NO attorney-client
privilege if the attorney is a part of the investigation. Allowing
Cheryl Mills in the room for the questioning of Hillary Clinton when
Mills was also part of the investigation allowed both Clinton and Mills
the opportunity to coordinate their stories. It's difficult to
coordinate a false story if you're questioned separately and that's why
we rarely, if ever, put multiple subjects in the same interview room.
4. Why did FBI Director Comey, along with a number of Clinton campaign
surrogates, insist that this investigation wasn’t worthy of prosecution
due to a lack of criminal “intent”? The criminal law that Hillary
Clinton and her surrogates appear to have violated, 18 USC 793, doesn’t
require intent. It requires only “gross negligence” in the improper
removing, handling, and transferring of classified information under
section (f) of the law. Surely the FBI Director knows this. Surely
Clinton’s surrogates, assuming they can read, know this as well. You
should be asking yourself: If the FBI Director knows this, then why did
he publicly state that the FBI was not recommending prosecution based
on misleading information about the elements of the crime in question?
Would you get the same deference if you committed these acts? I don’t
think so, because I’ve arrested people, and seen them prosecuted, for
far less.
FULL