Former prosecutor Andrew McCarthy has two must-read pieces that describe some of the internal workings of the Department of Justice and explain what is likely going on with the investigation of Hillary Clinton's handling of classified information. The first piece explains why Hillary is not a "subject" or "target" of the investigation.
First, there is one other thing you should know about the designations "target" and "subject" -- one of those things so obvious it is easy to miss. These are not just random words. They indicate that a suspect is a target or a subject of something.
That something is a grand-jury investigation.
In an ordinary case, that would not be a point worth making. The FBI routinely conducts major investigations in collaboration with Justice Department prosecutors -- usually from the U.S. attorney's office in the district where potential crimes occurred. That is because the FBI needs the assistance of a grand jury. The FBI does not have authority even to issue subpoenas, let alone to charge someone with a crime. Only federal prosecutors may issue subpoenas, on the lawful authority of the grand jury. Only prosecutors are empowered to present evidence or propose charges to the grand jury. And the Constitution vests only the grand jury with authority to indict -- the formal accusation of a crime. In our system, the FBI can do none of these things.
The second piece claims that emails between Hillary and President Obama are enough evidence to convict Hillary. This is exactly the crime that General Petraeus was prosecuted for.
If the administration is refusing to disclose the Obama-Clinton e-mails because they involved the secretary of state providing advice and counsel to the president, do you think those exchanges just might touch on foreign-government information, foreign relations, or foreign activities of the United States -- deliberations on which are presumed classified?
Will anyone in the press corps covering the White House and the State Department ask administration officials whether this is the case?
I believe some, if not all, of the communications between Obama and Clinton should be classified. To classify them now, however, would imply wrongdoing on both their parts since they knew they were communicating via private, unsecured e-mail. Essentially, Obama is invoking executive privilege because the effect of doing so -- viz., non-disclosure of the e-mails -- is the same as the effect of classifying them would be . . . but without the embarrassment that classifying them would entail.
Of course, Petraeus did not get executive-privilege treatment. His communications with Obama were deemed classified and he was prosecuted for failing to safeguard them.
Obviously the corruption goes to the top. Seems ripe for a Constitutional crisis.