By Editorial Board
Wall Street Journal
The closer we look at the FBI’s investigative file on Hillary Clinton’s emails, the more we wonder if Director James Comey always intended to let her off the hook. The calculated release before the long Labor Day weekend suggests political favoritism, and the report shows the FBI didn’t pursue evidence of potential false statements, obstruction of justice and destruction of evidence.
Mr. Comey’s concessions start with his decision not to interview Mrs. Clinton until the end of his investigation, a mere three days before he announced his conclusions. Regular FBI practice is to get a subject on the record early then see if his story meshes with what agents find. In this case they accepted Mrs. Clinton’s I-don’t-recall defenses after the fact.
The notes also show the G-men never did grill Mrs. Clinton on her “intent” in setting up her server. Instead they bought her explanation that it was for personal convenience. This helped Mr. Comey avoid concluding that her purpose was to evade statutes like the Federal Records Act. Mr. Comey also told Congress that indicting her without criminal intent would pose a constitutional problem. But Congress has written many laws that don’t require criminal intent, and negligent homicide (for example) has never been unconstitutional.
The FBI notes also blow past evidence that Clinton advisers may have engaged in a cover-up. Consider page 10 of the FBI report: “Clinton’s immediate aides, to include [Huma] Abedin, [Cheryl] Mills, Jacob Sullivan, and [redacted] told the FBI they were unaware of the existence of the private server until after Clinton’s tenure at State or when it became public knowledge.”
That’s amazing given that Ms. Abedin had her own email account on the private server. It is also contradicted by page 3: “At the recommendation of Huma Abedin, Clinton’s long-time aide and later Deputy Chief of Staff at State, in or around fall 2008, [ Bill Clintonaide Justin] Cooper contacted Bryan Pagliano . . . to build the new server system and to assist Cooper with the administration of the new server system.”
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