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News & Current Events Discuss Report Finds No Bias in F.B.I. Decision to Clear Clinton at the General Forum; Comey Cited as ‘Insubordinate,’ but Report Finds No Bias in F.B.I. Decision to Clear Clinton “We found no evidence that ...

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Old 06-14-2018, 07:04 PM
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Default Report Finds No Bias in F.B.I. Decision to Clear Clinton

Quote:
Comey Cited as ‘Insubordinate,’ but Report Finds No Bias in F.B.I. Decision to Clear Clinton

“We found no evidence that the conclusions by department prosecutors were affected by bias or other improper considerations,” the report said. “Rather, we concluded that they were based on the prosecutor’s assessment of facts, the law, and past department practice.”
https://www.nytimes.com/2018/06/14/u...on-report.html

The report also shot down many of the other Trump and Republican allegations.

Allegations that Peter Strzok's political beliefs that he expressed in personal text messages (on an FBI cellphone) to Lisa Page did not result in any identifiable biased decisions he made in his investigation of Hillary Clinton or in his role investigating Russian intervention in the 2016 election.

Andrew McCabe did not prejudice the Hillary Clinton investigation, a false claim made by Donald Trump, because McCabe was recused from that investigation and didn't play any role in the investigation.

All in all the so-called "deep state" didn't exist then and doesn't exist today. While FBI officials such as James Comey did violate FBI procedures and guidelines their decisions were not politically motivated and the FBI investigations reflect no political bias at all.

Republicans and Donald Trump can rest easy tonight because there's no politically motivated conspiracy against Donald Trump at the DOJ or FBI. All the FBI and DOJ are doing is their job which is to enforce the laws of the United States and the US Constitution in an unbiased manner. Mistakes can be made by members of the FBI and DOJ because people are fallible but those mistakes don't compromise the integrity of the FBI and DOJ to independently investigate and prosecute criminal acts without bias.
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Old 06-14-2018, 07:28 PM
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Default Re: Report Finds No Bias in F.B.I. Decision to Clear Clinton

Quote:
Originally Posted by ShivaTD View Post
https://www.nytimes.com/2018/06/14/u...on-report.html

The report also shot down many of the other Trump and Republican allegations.

Allegations that Peter Strzok's political beliefs that he expressed in personal text messages (on an FBI cellphone) to Lisa Page did not result in any identifiable biased decisions he made in his investigation of Hillary Clinton or in his role investigating Russian intervention in the 2016 election.

Andrew McCabe did not prejudice the Hillary Clinton investigation, a false claim made by Donald Trump, because McCabe was recused from that investigation and didn't play any role in the investigation.

All in all the so-called "deep state" didn't exist then and doesn't exist today. While FBI officials such as James Comey did violate FBI procedures and guidelines their decisions were not politically motivated and the FBI investigations reflect no political bias at all.

Republicans and Donald Trump can rest easy tonight because there's no politically motivated conspiracy against Donald Trump at the DOJ or FBI. All the FBI and DOJ are doing is their job which is to enforce the laws of the United States and the US Constitution in an unbiased manner. Mistakes can be made by members of the FBI and DOJ because people are fallible but those mistakes don't compromise the integrity of the FBI and DOJ to independently investigate and prosecute criminal acts without bias.
Lt. Columbo: Ah excuse me. Excuse me, just one question. Was the mandate of the investigation to determine if there was "bias" involved in the actions of the suspects? Or if the suspects were ah you know, violating the law? Just curious.
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Old 06-14-2018, 07:36 PM
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Default Re: Report Finds No Bias in F.B.I. Decision to Clear Clinton

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Originally Posted by ShivaTD View Post
https://www.nytimes.com/2018/06/14/u...on-report.html
The report also shot down many of the other Trump and Republican allegations.
Some people might find it undeniably partisan to harp upon President Trump and Republicans in general...
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Old 06-14-2018, 08:48 PM
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Default Re: Report Finds No Bias in F.B.I. Decision to Clear Clinton

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Originally Posted by ShivaTD View Post
Report Finds No Bias in F.B.I. Decision to Clear Clinton
Mmmmmmm not so much.

Quote:
A slew of anti-Trump text messages between special counsel Lisa Page and FBI Deputy Assistant Director Peter Strzok damaged the integrity of the entire Clinton email probe, Horowitz writes.
The report unearths striking new messages between the pair that were sent and received on government devices, including one in which Strzok vows to "stop" Trump from being elected just months before the presidential election.

On August 8, 2016, the IG found, Page asked Strzok “[Trump’s] not ever going to become president, right? Right?!” and Strzok replied “No. No he won’t. We’ll stop it."
Quote:
Five unnamed FBI employees -- including one lawyer who later worked on the Mueller probe -- are under scrutiny for anti-Trump bias

Strzok and Page are not the only FBI officials who evidenced anti-Trump bias during the Clinton email probe, Horowitz noted in the report.
The watchdog identified five other unnamed individuals, including two agents and one FBI attorney who worked on the Muller Russia probe until earlier this year, who made "statements of hostility toward then-candidate Trump and statements of support for candidate Clinton," and improperly mixed "political opinions" with case-related discussions.
Quote:
Despite Clinton connections, former Assistant Attorney General Peter Kadzik and former Deputy Director Andrew McCabe didn't fully recuse themselves

The IG report focused on two top investigative officials' connections to Hillary Clinton: ex-Deputy FBI Director Andrew McCabe and former Assistant Attorney General Peter Kadzik.
Kadzik exercised "poor judgment" by failing to immediately recuse himself as the Clinton probe unfolded, even after he sought employment for his son at her campaign, the watchdog wrote.

Additionally, Kadzik's decision to provide Clinton campaign chair John Podesta the schedule for a court-ordered release of some of Clinton's emails "raised a reasonable question about his ability to act impartially on Clinton-related matters in connection with his official duties" -- even though it later became clear the information was public.
Quote:
7. FBI agents' actions surrounding the DOJ/FBI interview of Hillary Clinton were 'inappropriate' and created appearance of bias

Lisa Page, the Special Counsel to the Deputy Director of the FBI, sent messages to FBI Deputy Assistant Director Peter Strzok, ex-Deputy Director Andrew McCabe, and another FBI employee suggesting that the agency limit the number of people attending the critical in-person interview with Clinton as the investigation wrapped up, the IG report said.

Page's chief consideration was that Clinton would be angry at the FBI upon becoming president, which the IG flags as an "inappropriate" consideration.

“[S]he might be our next president," Page wrote, in urging that the number of people at the interview be limited to four or six. "The last thing you need us going in there loaded for bear. You think she’s going to remember or care that it was more doj than fbi?”
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Old 06-15-2018, 12:59 AM
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Default Re: Report Finds No Bias in F.B.I. Decision to Clear Clinton

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Originally Posted by Schochite View Post
Lt. Columbo: Ah excuse me. Excuse me, just one question. Was the mandate of the investigation to determine if there was "bias" involved in the actions of the suspects? Or if the suspects were ah you know, violating the law? Just curious.
The investigation was to determine if bias was involved. If bias had been found that would have been grounds for further legal action.
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Old 06-15-2018, 01:14 AM
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Default Re: Report Finds No Bias in F.B.I. Decision to Clear Clinton

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Originally Posted by Hairy Jello View Post
Mmmmmmm not so much.
Please post your link, Hairy.

from the OP article
Quote:
inspector general, Michael E. Horowitz, did not challenge the conclusion that Mrs. Clinton should not be prosecuted.
Mr. Horowitz and his investigators uncovered no proof that political opinions at the F.B.I. influenced its outcome.

Mr. Horowitz was unsparing in his criticism of Mr. Comey and referred five F.B.I. employees for possible discipline over pro-Clinton or anti-Trump commentary in electronic messages. He said agents were far too cozy with journalists. And he described a breakdown in the chain of command, calling it “extraordinary” that the attorney general acceded to Mr. Comey during the most controversial moments of the Clinton investigation.

The result, Mr. Horowitz said, undermined public confidence in the F.B.I. and sowed doubt about the bureau’s handling of the Clinton investigation, which even two years later remains politically divisive. Mrs. Clinton’s supporters blame Mr. Comey for her election loss. Mr. Trump believes that Mr. Comey and his agents conspired to clear Mrs. Clinton of wrongdoing because they were openly hostile to his candidacy.
there you have it. public confidence in the FBI
mine however never waivered.
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Old 06-15-2018, 08:11 AM
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Default Re: Report Finds No Bias in F.B.I. Decision to Clear Clinton

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Originally Posted by Schochite View Post
Lt. Columbo: Ah excuse me. Excuse me, just one question. Was the mandate of the investigation to determine if there was "bias" involved in the actions of the suspects? Or if the suspects were ah you know, violating the law? Just curious.
The "suspects" of the investigation? Is this a reference to the IG's subjects that included James Comey, Peter Strzok, and Lisa Page? We can eliminate one of Trump's favorite targets because Andrew McCabe was "secretly" recused from the Clinton email investigation.

Starting with Strzok and Page they were personally biased against almost everyone because they personal messages condemned Sanders, Clinton, Trump, and even former Attorney General Eric Holder. What the IG found is that their personal political bias didn't interfere with their role as FBI investigators.

James Comey, a lifetime Republican, also had personal bias but the IG found that his personal bias for Republicans did not influence his decisions as the Director of the FBI. Comey was condemned for caving into political pressure by Congressional Republicans at the time when he publicly condemned Hillary Clinton for "unindictable actions" that was in strict violation of FBI procedures in a press conference that should have been conducted by the DOJ and for his disregard for DOJ/FBI policies against releasing any information on a secondary probe of Clinton emails where no criminal acts were suspected just ten days before the election while at the same time not releasing information on the investigation of the Russian interventionism and Trump campaign involvement where evidence of criminal wrongdoing existed (so far resulting in over 20 indictments including guilty pleas by Trump campaign members and Trump's national security advisor).

A double standard that was a result of Congressional Republican pressure on the FBI to find wrongdoing by Hillary Clinton that Comey capitulated to and willfully violated FBI policy believing that his actions that were extremely damaging to the Clinton campaign would not prevent Hillary Clinton from being elected.

So Comey's actions were related to Republican bias but it wasn't his personal bias that drove his actions. It was the bias of Congressional Republicans putting extensive pressure on the FBI, just like we have today related to the Mueller investigation, that Comey was condemned for in the Inspector General report. As the IG report notes personal political bias didn't effect the investigation or the final determination of the FBI but Comey's failure to adhere to long-standing FBI-DOJ policies did effect the election by causing severe damage to the Clinton campaign most notably in the final few days before the actual November elections.

Democrats have been correct, according to the IG report, that Comey's actions did negatively effect the Hillary Clinton campaign perhaps enough to change the outcome of the election that hinged on less than 1% of the vote in three key battleground states.

Ultimately we have two different issues that combined ultimately resulted in Trump becoming President.

1) Comey's failure to follow established FBI-DOJ policies were enough to change the vote in the three critical battleground states.

2) The Russian intervention in the US elections that supported Donald Trump and disparaged Hillary Clinton, foreign interventionism that's been cited as being the most effective foreign interventionism in history, was also enough to change the vote in the same three battleground states.

The margin of victory in these three states was so slim, a total of less than 80,000 votes in all three states, that the combined negative influence by Comey and the Russian on the Clinton campaign effected the vote enough to elect Donald Trump.

My opinion:
The fact that Comey and the Russians were responsible for changing enough votes to elect Donald Trump is driving much of Trump's animosity. Trump is unwilling to accept the truth because of his narcissistic belief that he's some sort of "superman" although the facts have never supported his belief.
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Old 06-15-2018, 08:28 AM
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Default Re: Report Finds No Bias in F.B.I. Decision to Clear Clinton

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Originally Posted by saltwn View Post
there you have it. public confidence in the FBI
mine however never waivered.
Mine confidence never waivered either because I understood the foundation for the FBI's decision that Hillary Clinton didn't violate the law in the use of her private email account but I'm concerned with the future of the FBI.

Just like James Comey's capitulation to Republican Congressional pressure in 2016 where he violated the FBI-DOJ policies we have that same pressure today coming from Congressional Republicans on the DOJ-FBI but it's far worse. We also have the President spreading false and malicious statements about the FBI-DOJ that Congressional Republicans are not only refusing to condemn but that have actually spread these malicious conspiracy theories that have no basis in fact.

But it's even worse because of the political power of Donald Trump. Yesterday the Attorney General for the State of New York filed a lawsuit against Donald Trump, his family, and the Trump Charity for misuse of donations. In the complaint it alleges that charitable donations were used to pay for lawsuits against the Trump Organization, used for other Trump organizations expenditures, and also used for political purposes by the Trump campaign. All of this is in gross violation of laws controlling private charities. The NY AG only filed charges related to violations of New York state laws and referred the violations of federal laws to the IRS and the Federal Election Commission. Donald Trump has been putting great pressure on the FBI-DOJ to end the Mueller investigation so we have to wonder if he will also put the same pressure on the IRS and the Federal Election Commission to prevent any actions against him under federal law.

We're really seeing a significant breakdown of the Rule of Law in the United States under the Trump administration as Donald Trump attempts to use his powers as President to prevent any criminal complaint against him from being initiated. Trump has expressed the belief that the entire US government is supposed to protect the President from any criminal complaints as opposed to the US government ensuring that the President isn't above the law.

That represents the most serious threat to the United States in our history..
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Old 06-15-2018, 09:05 AM
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Default Re: Report Finds No Bias in F.B.I. Decision to Clear Clinton

The inspector's report is not about whether Hillary broke the law, but whether the FBI proceeded properly in the investigation of her actions.
In spite of firings and known evidence of chronic political bias by some FBI investigators, , the NY Times and other fake news, have concluded, and reported within minutes of the 500 page report's release, there was none.

That doesn't get Ms. Pantsuit off the hook.

There are 8 laws for which Hilary Clinton could, and should, be indicted.

1.) 18 U.S. Code § 793 – Gathering, transmitting or losing defense information
18 U.S. Code § 798 – Disclosure of classified information


A federal prosecutor would naturally focus first on the most serious allegations: willfully transmitting or willfully retaining Top Secret and Compartmented (TS/SCI) material using a private server system. The individual who transmits and the individual who receives and retains TS/SCI information on a private server jointly share the culpability for risking the compromise and exploitation of the information by hostile intelligence services. The prosecutor’s charging document would likely include felony counts under 18 U.S. Code § 793 and under 18 U.S. Code § 798 against each transmitting individual as well as separate counts against each receiving and retaining individual. Violation of either provision of the U.S. Code cited above is a felony with a maximum prison term of ten years.

The prohibited conduct is the insecure transmission of highly classified information, as well as the receipt and retention of highly classified information in an unapproved manner. The requisite mens rea is the willful commission of the prohibited conduct and the knowledge that compromised information could result in prejudice or injury to the United States or advantage to any foreign nation. Proof of intent to disclose the classified information is not required.

2.) U.S. Code § 1924 – Unauthorized removal and retention of classified documents or material

If the federal prosecutors are of a charitable disposition and an accused person has been cooperative, the felony charges under 18 U.S. Code § 793 and 18 U.S. Code § 798 may be “pled-down” to a single or to multiple misdemeanor counts under 18 U.S. Code § 1924. A misdemeanor conviction would probably result in a period of probation and a less significant fine. The prohibited conduct is the unauthorized removal of classified information from government control or its retention in an unauthorized location. The mens rea required is the intent to remove from government control or the intent to store the classified information in an unauthorized location.




3.) 18 U.S. Code § 2071(b) — Concealment, removal, or mutilation generally

To sustain a charge under 18 U.S. Code § 2071(b), a federal prosecutor need only prove that the accused transferred and held the only copies of official government records (whether classified or not), the very existence of which was concealed from government records custodians. The mens rea required is that an accused knows that official government records were transferred or removed from the control of government records custodians. Violation of 18 U.S. Code § 2071(b) is a felony with a maximum prison term of three years.

4.) 18 U.S. Code § 641 – Public money, property or records

Again, if the federal prosecutors are of a charitable disposition and accused has been cooperative, the felony charges under 18 U.S. Code § 2071(b) can be “pled down” to a misdemeanor under 18 U.S. Code § 641. The prohibited conduct is the conversion of official records (whether classified or not) to the accused’s exclusive use and the mens rea is simply the intent to do so. Conviction on the lesser misdemeanor charge would likely result in a period of probation and the imposition of a fine.

5.) 18 U.S. Code § 1505 – Obstruction of proceedings before departments, agencies, and committees

If it can be proven that an accused destroyed, withheld, or concealed the existence of official records being sought under subpoena by a committee of Congress, the accused can be convicted of obstruction under 18 U.S. Code § 1505. The prohibited conduct includes destruction, concealment and withholding of documents, thereby impeding or obstructing the committee’s rightful pursuit of information. The mens rea is knowledge of the committee’s interest in obtaining the official records in the accused’s custody or control. Violation of 18 U.S. Code § 1505 is a felony with a maximum prison term of five years.

6.) 18 U.S. Code § 1519 — Destruction, alteration, or falsification of records in federal investigations

If it can be proven that an accused knowingly concealed the existence of official records being sought by the Department of State Inspector General (DOS/IG) or by the Federal Bureau of Investigation (FBI), such accused can be convicted of obstruction. The prohibited conduct is the concealment and withholding of documents that impede or obstruct an investigation. The mens rea is the intent to conceal or withhold. Violation of 18 U.S. Code § 1519 is a felony with a maximum prison term of twenty years.

7.) 18 U.S. Code § 1031 — Fraud against the United States
18 U.S. Code § 1343 – Fraud by wire, radio or television
18 U.S. Code § 1346 — Definition of “scheme or artifice to defraud”
18 U.S. Code § 371 – Conspiracy to defraud the United States

If it can be proven that an accused arranged for the Department of State to hire an Information Technology (IT) specialist to primarily administer and maintain a private server system owned by the accused, then the accused can be convicted of conspiracy to commit honest services fraud and probably wire fraud. The prohibited conduct is having the United States pay an employee salary and/or official travel funds for performing private services on behalf of accused. The mens rea is simply the knowledge of the employee’s status as a public servant and that the government was not fully reimbursed for the costs to the government of such services. The wire fraud conviction can be sought if it can be proven that accused used electronic means of communication in undertaking such scheme or artifice to defraud.

8.) 18 U.S. Code § 371 – Conspiracy to commit a federal offense

If any accused and any third party can be proven to have colluded in any violation of federal, criminal law, then all involved can be charged with criminal conspiracy as well as being charged with the underlying offense.

Indictment?

The old adage, that a good prosecutor can get a ham sandwich indicted, is bad news for any public servant who risks the compromise of classified information or otherwise violates any of the other federal criminal statutes listed above. Specifically, this Administration has a history of vigorously prosecuting and winning convictions in the mishandling of classified information and other criminal violations of the public trust.

However, Hillary Clinton is anything but a ham sandwich; and she knows it. She and her senior aides will not even be formally investigated by this Justice Department, much less indicted. The president will allow Hillary Clinton and her aides to “tough it out” for as long it is politically possible. However, if and when the political and public opinion costs of a “tough it out” tactic become too great, President Obama will simply use that famous pen of his to issue a succinct pardon and make formal mockery of the concept of equal justice.

Kenneth Bergquist served as a Deputy Assistant Attorney General in the United States Department of Justice during the Reagan Administration and serves now as pro bono legal counsel to the Special Operations Education Fund (OPSEC).



For a list of the laws for which she WILL NOT be indicted, please see bolded above.
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Old 06-15-2018, 12:14 PM
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Default Re: Report Finds No Bias in F.B.I. Decision to Clear Clinton

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Originally Posted by Schochite View Post
Lt. Columbo: Ah excuse me. Excuse me, just one question. Was the mandate of the investigation to determine if there was "bias" involved in the actions of the suspects? Or if the suspects were ah you know, violating the law? Just curious.
This was whether the personal bias of members of the FBI affected their investigations or their actions that may have violated DOJ-FBI policies.

Violations of DOJ-FBI policy are not violations of the law.

There are no valid allegations that any laws were violated by members of the FBI.

For example Trump's claim that Comey released confidential information from his memo's of private meetings with Trump is a false allegation because the memos weren't classified at the time he released that information. Of note most information related to an ongoing investigation, that DOJ-FBI policy prohibits from being given to anyone outside of those involved in the investigation, isn't classified information.

On-going investigation information is sensitive information where the public release, that Republicans in the House keep demanding from the DOJ, will compromise the integrity of the investigation. This information is available to Congress once the investigation is complete for oversight purposes. Congress doesn't need it for any purpose while the investigation is in progress. Republicans are lying when they claim they need this information during the investigation of the Trump campaign. They really want it so that they can provide it to the Trump legal team which would compromise the investigation.
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Based upon the corruption, brutality, inhumanity, immorality, dishonesty, and incompetence of the Trump administration the White House is the dirtiest house in America and there's no known cleanser that with remove the stains of the Trump Administration.
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